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1 


THE 


CHARTER 


OF 


PUEBLO 


Framed  by  Charter  Convention 
July  28,  1911 


By  Authority  of  Article  XX 
of  the  Constitution 


Adopted  September  19,  191  I 
Amended  November  4,  1913 


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2.4  J;C1914 


PREFATORY  SYNOPSIS 

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The  Charter  Convention,  elected  on  June  1,  A.  D.  1911, 
submits  to  the  voters  of  Pueblo,  Colorado,  for  their  approval 
this  Charter. 

~ Under  its  provisions  the  people  elect  five  commissioners 
and  three  members  of  a civil  service  commission,  under  the 
preferential  system.  These  officers  are  all  subject  to  the  recall. 

The  five  commissioners  compose  a council  in  which  is  vest- 
ed the  legislative  and  executive  power;  and  each  commissioner 
is  the  head  of  a department  for  which  he  is  responsible.  The 
council  passes  all  ordinances,  and  any  ordinance  may  be  initiat- 
ed by  the  people.  All  ordinances,  except  the  tax-levy,  the  an- 
nual appropriation  and  those  ordering  improvements  to  be  paid 
for  by  special  assessment,  are  subject  to  the  referendum. 


Each  commissioner  selects  the  appointees  of  his  depart- 
ment, with  the  consent  of  the  council,  from  an  eligible  list  fur- 
\ nished  after  competitive  examination  by  the  civil  service  com- 
v mission.  This  commission  also  selects  the  registrars,  judges 
\ and  clerks  of  election,  the  city  controller  and  the  judge  of  the 
\municipal  court. 

Franchises  can  only  be  granted  upon  a vote  of  the  tax 
^ paying  electors;  city  elections  are  made  completely  non-par- 
tisan  and  are  under  municipal  control;  all  powers  of  the  council 
- are  carefully  and  fully  stated;  and  receipts  and  expenditures 
are  safeguarded  to  the  end  that  the  city,  under  the  charter,  may 
have  an  efficient,  economical  and  progressive  government. 


AMENDMENTS. 

On  November  4,  1913,  four  Amendments  to  the  Charter 
^ were  adopted  as  follows:  Reducing  the  number  of  commission- 

~ ers  from  five  to  three,  adopting  the  Single  Tax  in  a modified 
form,  placing  the  Fire  Department  on  twelve  hour, shifts  and 
providing  a new  method  for  creating  paving  districts. 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/charterofpueblofOOpueb 


THE  CHARTER  OF  PUEBLO 


PREAMBLE. 

We,  the  people  of  Pueblo,  under  the  authority  of  the  Con- 
stitution of  the  State  of  Colorado,  do  ordain  and  establish,  for 
our  municipal  'government,  this  Charter. 


ARTICLE  I. 

NAME-BOUNDARIES-RIGHTS-LI  ABILITIES. 

Section  1. — Name-Boundaries. — The  municipal  corporation, 
heretofore  existing  as  a city  of  the  first  class  in  Pueblo  Coun- 
ty, State  of  Colorado,  and  known  as  Pueblo,  shall  remain  and 
continue  a body  politic  and  corporate  under  this  charter,  with 
the  same  name  and  boundaries,  until  changed  in  manner  au- 
thorized by  law. 

Section  2. — Rights-Liabilities. — By  the  name  of  Pueblo, 
the  city  shall  have  perpetual  succession;  shall  own,  possess  and 
hold  all  the  property,  real  and  personal,  heretofore  owned,  pos- 
sessed and  held  by  said  city,  including  the  real  and  personal 
property  owned,  possessed  and  held  for  park  districts,  water 
districts  and  former  towns  and  cities  of  Pueblo,  and  shall  as- 
sume and  manage  all  trusts  in  any  way  connected  therewith; 
and  shall  succeed  to  all  rights  and  assume  all  liabilities  thereof. 


ARTICLE  II. 

ELECTIVE  OFFICERS. 

Section  1. — Officers. — That  the  elective  officers,  under  the 
Charter,  shall  be  three  commissioners  and  three  members  of  a 
civil  service  commission,  all  of  whom  shall  be  nominated  and 
elected  by  the  qualified  electors  of  the  city  as  now  provided  by 
Charter. 

That  the  term  of  office  of  Thomas  D.  Donnelly  and  Charles 
A.  Lannon,  as  commissioners  of  said  city,  shall  terminate  im- 
mediately upon  the  adoption  of  this  amendment  and  that  in 
November,  1915,  and  every  four  years  thereafter,  only  one  com- 


4 


THE  CHARTER  OF  PUEBLO 


missioner  shall  be  elected  instead  of  three  as  at  present  pro- 
vided by  the  Charter. 

NOTE. — (This  is  an  amended  section — Adopted  November 
4,  1913.  By  implication  it  appears  to  amend  or  repeal  a num- 
ber of  other  sections  which  fix  the  number  of  commissioners 
and  prescribe  their  duties.) 

Section  2. — Qualifications.— No  person  shall  be  eligible  to 
office  as  a commissioner  unless,  at  the  time  of  his  election,  he 
be  a citizen  of  the  United  States,  a qualified  elector  of  Pueblo, 
and  shall  have  resided  therein  for  three  years  immediately  prior 
thereto.  Members  of  the  Civil  Service  Commission  shall  be 
citizens,  taxpayers  and  qualified  electors  and  shall  have  resided 
in  Pueblo  for  three  years  immediately  prior  to  their  election. 

Section  3. — Vacancies. — If  a vacancy  occur  in  any  elective 
office,  the  Civil  Service  Commission  shall  appoint  an  eligible 
person  to  fill  such  vacancy  until  the  next  general  or  special 
city  election,  subject  to  recall.  A vacancy  shall  exist  when  an 
elective  officer  fails  to  qualify  for  thirty  days  after  the  com- 
mencement of  his  term,  dies,  resigns,  removes  from  the  city, 
absents  himself  continuously  without  reasonable  excuse  for 
thirty  days  from  the  duties  of  his  office,  is  convicted  of  violat- 
ing any  provision  of  this  Charter,  or  of  a felony,  or  is  judicially 
declared  a lunatic  as  defined  by  statute. 


ARTICLE  III. 

THE  COUNCIL. 

Section  1. — Membership-Rules — The  council  shall  consist 
of  the  five  commissioners.  It  shall  be  the  judge  of  the  election 
and  qualification  of  its  own  members,  shall  determine  its  own 
rules  of  procedure,  may  punish  its  members  for  disorderly  con- 
duct, and  may  compel  the  attendance  of  members. 

Section  2. — President  and  Vice-President. — Each  council 
at  its  first  regular  meeting,  and  thereafter  when  vacancies  in 
the  offices  occur,  shall  elect  one  of  its  number  President  and 
another  Vice-President.  The  President  shall  preside  at  all 
meetings  of  the  council,  shall  vote  upon  all  matters,  but  shall 
have  no  veto;  and  by  order  of  and  as  President  of  the  council 
shall  sign  the  journal  of  its  proceedings  and  also  all  warrants, 
bonds,  coupons,  contracts,  licenses  and  other  instruments  re- 
quiring the  assent  of  the  city;  but  before  so  doing  he  shall  see 
that  all  such  instruments  correspond  with  the  orders  of  the 


THE  CHARTER  OF  PUEBLO 


5 


council.  The  Vice-President,  during  the  absence  or  disability 
of  the  President,  shall  possess  all  of  his  powers  and  shall  per- 
form all  of  his  duties. 

Section  3. — Restrictions  Upon  Members. — No  member  of 
the  council  shall  hold  any  other  public  office  or  employment, 
compensation  for  which  is  paid  out  of  municipal  money.  No 
person  shall  be  elected  or  appointed  to  any  office,  position  or 
employment  under  the  city,  the  compensation  of  which  was 
increased  or  fixed  by  the  council  while  he  was  a member 
thereof,  until  after  the  expiration  of  one  year  from  the  date 
when  he  ceased  to  be  a member  of  the  council. 

Section  4. — Meetings'-Quorum. — The  council  shall  meet 
every  Monday  at  the  City  Hall  at  an  hour  to  be  fixed  from 
time  to  time  by  the  rules  of  procedure  of  each  council;  and 
the  council  shall  have  power  by  ordinance,  to  prescribe  the 
manner  of  calling  special  meetings  thereof.  A majority  of 
the  members  of  the  council  shall  constitute  a quorum  to  do 
business^.  The  council  shall  sit  with  open  doors  at  all  sessions, 
and  shall  keep  a journal  of  its  proceedings  Which  shall  be  a 
public  record. 

Section  5. — Ordinances-Resolutions-Motions. — In  all  execu- 
tive and  legislative  matters  coming  before  it,  the  council  shall 
act  only  by  ordinance,  resolution  or  motion.  The  ayes  and 
nays  shall  be  taken  upon  the  passage  of  all  ordinances,  reso- 
lutions and  motions  and  entered  upon  the  journal  of  the  coun- 
cil proceedings.  Every  member,  when  present,  must  vote,  and 
every  ordinance,  resolution  and  motion  shall  require  on  final 
passage  the  affirmative  vote  of  three  members.  The  enact- 
ing clause  of  all  ordinances  shall  be  in  the  words:  “Be  it  or- 

dained by  the  Council  of  Pueblo.”  All  contracts  involving 
in  the  aggregate  an  expenditure  of  ten  thousand  dollars  or 
more  shall  be  authorized  only  by  ordinance,  j Every  ordinance, 
before  final  passage,  shall  be  read  in  at  least  three  regular 
meetings  of  the  council,  may  be  amended  on  its  first  and  sec- 
ond readings,  and  shall  be  published  once  in  a newspaper  of 
the  city  at  least  ten  days  before  its  final  passage.  If  such 
ordinance  be  amended  after  such  publication,  it  shall  be  pub- 
lished once  a second  time  in  full  as  amended,  at  least  four  days 
before  its  final  passage^ 

Section  6. — Publication  and  Record,  Etc. — Every  ordi- 
nance passed  shall  be  published  once  in  a newspaper  of  rlic 
city,  within  five  days  after  its  final  passage,  and  shall  not  take 


6 


THE  CHARTER  OF  PUEBLO 


effect  until  thirty  days  after  final  passage,  except  the  tax  levy 
ordinance,  the  annual  appropriation  ordinance  and  ordinances 
ordering  improvements  initiated  by  petition  and  to  be  paid  for 
by  special  assessments,  which  ordinances  shall  take  effect  im- 
mediately upon  publication.  No  ordinance  or  section  thereof 
shall  be  amended  or  repealed  except  by  an  ordinance. 

The  President  of  the  council  within  three  days  after  their 
final  passage  shall  sign  all  ordinances,  both  upon  the  ordi- 
nance itself  and  in  the  “Ordinance  Record;”  and  also  all  reso- 
lutions and  motions  of  the  council;  and  the  city  clerk  in  like 
time  shall  attest  and  affix  the  seal  of  the  city  to  all  ordinances, 
both  upon  the  ordinance  itself  and  in  the  “Ordinance  Record  ” 
and  to  such  resolutions  and  motions  as  the  council  shall  di- 
rect. A true  copy  of  every  ordinance  of  the  city  shall  be  kept 
in  a book  marked,  “Ordinance  Record.” 

Section  7. — Statements. — The  council  shall  cause  to  be 
published  monthly  a detailed  statement  of  all  receipts  and  ex- 
penditures of  the  city  during  the  preceding  month. 

Section  8. — Appointments  and  Confirmations. — All  votes 
of  the  council  upon  appointments  and  confifmations  shall  be 
by  roll  call  and  recorded.  The  vote  of  three  members  shall  be 
necessary  for  appointment  or  confirmation. 

ARTICLE  IV. 

POWERS  OF  COUNCIL. 

Section  1. — Police  and  Fire  Departments. — The  council 
shall  have  the  power  to  provide  for  the  establishment  and 
maintenance  of  police  and  fire  departments.  Members  of  the 
police  department  shall  work  eight-hour  shifts.  Beginning 
January  1,  1914,  members  of  the  fire  department  shall  work 
twelve-hour  shifts.  After  having  served  one  year,  members 
of  the  police  and  fire  departments  shall  thereafter  be  allowed  a 
two  weeks’  vacation  annually  with  full  pay. 

NOTE. — (This  is  an  amended  section — Adopted  November 
4,  1913.) 

Section  2. — Building  and  Fire  Regulations. — The  council 
shall  have  power  to  regulate  all  kinds  of  building  construction 
and  repair,  and  the  installation  and  operation  of  all  kinds  of 
lighting,  heating  and  power  wiring,  piping  and  apparatus,  all 
elevators  and  the  erection  of  partition  fences  and  party  walls; 
to  provide  for  steam  boiler  and  plumbing  inspection;  to  pre- 
scribe limits  within  which  wooden  buildings  shall  not  be  erect- 


THE  CHARTER  OF  PUEBLO 


7 


ed  or  placed,  or  coal  or  lumber  yards,  or  plants  or  factories 
dangerous  in  causing  or  promting  fires,  erected  or  maintained; 
to  regulate  or  prohibit  the  sale  or  use  of  blank  cartridges,  track 
ammunition,  torpedoes,  fire-crackers  or  other  explosive  mater- 
ials for  pyrotechnic  displays,  the  storage  of  gasoline,  dynamite, 
giant-powder,  nitro-glycerine  or  other  highly  inflammable,  ex- 
plosive or  combustible  materials,  and  the  accumulation  ot 
waste. 

Section  Z. — 'Misdemeanors. — The  council  shall  have  power 
to  establish  and  maintain  jails,  houses  of  correction  and  work- 
houses  for  the  confinement  and  reformation  of  persons  con- 
victed of  having  violated  provisions  of  this  Charter  or  ordi- 
nances of  the  city;  and  shall  have  power  to  pass  ordinances 
prohibiting  and  punishing,  within  the  city,  intoxication,  fight- 
ing, quarreling,  disturbing  the  peace,  vagrancy,  riots,  affrays, 
gaming,  gambling  houses,  lotteries,  fraudulent  devices  and  prac- 
tices, the  sale  and  exhibition  of  obscene  and  immoral  publica- 
tions, prints,  pictures,  figures  or  illustrations,  opium  joints, 
the  selling  or  giving  away  of  opium,  cocaine  and  their  salts 
and  compounds,  the  employment  or  presence  of  women  or 
minors  in  saloons  or  drinking  places;  and  suppressing  disorder- 
ly houses  within  the  city  or  within  three  miles  of  the  outer 
boundaries  thereof  and  punishing  keepers  and  inmates  of  dis- 
orderly houses  and  those  who  knowingly  permit  property  be- 
longing to  them  or  under  their  control  to  be  used  as  such. 

Section  4. — Health,  Etc. — The  council  shall  have  power  by 
ordinance  to  prescribe  the  quality  and  the  manner  of  the  pro- 
duction, preparation,  delivery  and  sale  of  milk,  meat,  fish, 
fowl  and  animal  food,  and  their  by-products,  supplied  to  the 
inhabitants  of  the  city;  to  prohibit  the  adulteration  of  foods, 
drinks,  drugs  and  medicines  supplied  to  the  inhabitants  of  the 
city;  to  provide  for  the  quarantine  of  contagious  diseases,  the 
maintenance  of  sanitary  conditions,  the  promotion  of  health, 
the  suppression  of  disease  and  the  registry  of  births  and  deaths 
in  the  city;  to  regulate  or  prohibit,  within  the  city  or  within 
one  mile  of  the  outer  boundaries  thereof,  the  location  or  main- 
tenance of  dairies,  slaughter  houses,  packing  houses,  breweries, 
soap-factories,  pig-pens,  cattle-pens,  livery  barns,  offensive  or 
unwholesome  businesses  or  establishments  of  any  kind  and  the 
carrying  on  of  businesses  or  establishments  of  any  kind  in  an 
offensive  or  unwholesome  manner;  and  to  provide  for  a health 
department  and  to  appoint  under  the  rules  and  regulations  of 
the  civil  service  commission,  a city  physician  and  necessary 
inspectors,  assistants  and  employes  therefor. 


8 


THE  CHARTER  OF  PUEBLO 


Section  5. — Public  Parks. — The  council  shall  have  power 
to  provide  for  the  maintenance  and  improvement  of  the  parks, 
cemeteries  and  public  grounds  of  the  city  and  of  the  several 
parts  and  Public  Park  Improvement  Districts  thereof,  and  to 
make  necessary  appropriations  therefor;  and  in  the  annual  ap- 
propriation ordinance  shall  specify  a certain  sum  for  the  main- 
tenance and  improvement  of  each  park  and  cemetery,  and  in 
so  doing  shall  take  into  consideration  the  revenues  of  each 
park  and  cemetery  and  give  credit  therefor.  One  park  super- 
intendent and  such  skilled  employes  as  shall  be  provided  by 
ordinance  for  the  care  of  trhe  parks,  cemeteries  and  public 
grounds  of  the  city  and  the  several  parts  and  districts  thereof 
shall  be  appointed  by  the  council  under  the  rules  and  regula- 
tions of  the  civil  service  commission. 

Section  6. — Streets,  etc.-^The  council  shall  have  power  to 
lay  out,  open,  establish,  dlter,  widen,  extend,  grade,  pave, 
light,  clean,  keep  in  repair,  otherwise  improve,  name,  re-name 
and  regulate  the  use  of,  or  to  vacate^streets,  avenues,  alleys, 
parks  and  public  grounds  in  the  city;  plant  and  care  for,  or 
direct  and  regulate  the  planting  of  ornamental  and  shade  trees 
thereon;  regulate  the  opening  of  same  for  laying  or  placing' 
telegraph  or  telephone  posts,  poles,  lines  and  conduits,  and 
gas,  water,  sewer  and  underground  pipes  and  mains  of  all 
kinds;  compel  street  railways  and  railroads  using  or  crossing 
same  to  raise  or  lower  their  tracks  to  conform  to  established, 
or  to  changed  and  re-established  grades,  and  to  keep  their 
tracks  and  grade  crossings  in  good  repair  and  level  with  street 
surfaces,  and  to  change  the  location  of  their  tracks  thereon; 
by  ordinance  establish,  and  change  and  re-establish,  grades  of 
streets,  avenues,  alleys,  sidewalks  and  curbs;  and  to  regulate 
or  prohibit  the  use  of  streets,  avenues,  alleys,  sidewalks,  parks, 
public  grounds,  bridges  and  viaducts  of  the  city  for  signs,  sign 
posts,  sign  boards,  awnings,  awning  posts,  horse  troughs,  bill 
boards,  bulletin  boards,  posting  or  distributing  hand  bills  or  ad- 
vertisements, exhibiting  banners,  placards  and  flags  or  for  the 
exhibition  and  sale  of  goods,  wares  and  merchandise  thereon; 
and  to  provide  for  a street  department  and  to  appoint  neces- 
sary employes  therefor. 

Section  7. — Licenses,  Etc. — The  council  shall  have  power 
by  ordinance,  to  prescribe  the  form  and  manner  of  granting 
and  issuing  licenses  and  to  license,  regulate  or  prohibit  huck- 
sters, peddlers,  pawn  brokers,  keepers  of  ordinaries,  theatrical 
exhibitions,  shows,  circuses  and  other  places  of  amusement, 
hackmen,  cabmen,  omnibus  drivers,  carters,  porters,  express- 


THE  CHARTER  OF  PUEBLO 


9 


men,  an&  runners,  billiard,  pool,  bagatelle,  pigeon-hole  and  oth- 
er tables  or  implements  kept  an<^  used  for  similar  purposes  in 
places  of  public  resort  and  pin  alleys  and  ball  alleys,  auc- 
tioneers and  transient  merchants;  and  to  license  and  regulate 
junk  stores,  junk  peddlers  and  pickers,  second-hand  stores,  and 
new  and  second-hand  stores  combined,  the  erection  and  main- 
tenance of  sign  boards,  bill  boards  and  bulletin  boards,  the 
distribution  of  hand  bills  of  all  kinds  and  the  posting  and  plac- 
ing of  signs,  bills,  cards  and  banners,  and  to  prohibit  dog- 
fighting, prize-fighting,  cock-fighting,  the  selling  and  giving 
away  of  intoxicating  liquors  to  minors,  insane  and  idiotic  per- 
sons, habitual  drunkards  and  intoxicated  persons,  and  the  run- 
ning at  large  of  horses,  cattle,  swine,  sheep,  goats,  geese, 
chicken  and  other  fowl,  and  dogs,  and  to  impose  a license  tax 
upon  dogs;  and  to  authorize  the  impounding  and  summary  sale 
of  all  such  animals  when  found  at  large. 

Section  8. — Occupation  Tax. — The  council  shall  have  pow- 
er by  ordinance  to  license,  regulate  and  tax  any  and  all  law- 
ful occupations. 

Section  9. — Improvements. — The  council  shall  have  power 
in  such  manner  as  it  shall  provide  by  ordinance: 

(a)  Sidewalks. — To  construct  sidewalks,  or  to  provide  for 
and  compel  the  construction  thereof,  and  to  repair  same  when 
necessary,  and  to  remove  wornout  sidewalks  and  to  re-con- 
struct new  in  place  thereof,  and  to  do  the  grading  incidental 
to  the  construction,  repair,  removal  or  re-construction  of  side- 
walks; and 

(b)  Curbing  and  Guttering. — To  establish,  define  and  des- 
ignate a district  or  districts  in  the  city  and  to  construct  therein 
curbing,  or  curbing  and  guttering  combined,  and  to  repair  the 
same  when  necessary,  and  to  remove  wornout  curbing,  or  worn- 
out  curbing  and  guttering  combined,  and  to  re-construct  new 
in  place  thereof,  and  to  do  the  grading  incidental  to  curbing, 
or  curbing  and  guttering  combined,  or  to  the  repair,  removal  or 
re-construction  thereof;  and, 

(c)  Alley  Paving. — To  establish,  define  and  designate  a 
district  or  districts,  in  the  portions  of  the  city  where  the  streets 
and  avenues  have  been,  or  may  hereafter  be  paved,  and  to 
grade  and  pave  the  alleys  therein;  and 

(d)  Sewers. — To  establish,  define  and  designate  a district 
or  districts  in  the  city,  or  to  change  a district  or  districts  al- 


10 


THE  CHARTER  OF  PUEBLO 


ready  established,  and  to  construct  a sewer  or  sewers  therein, 
and  to  compel  all  owners  of  holdings  to  connect  their  prem- 
ises with  sewers  heretofore  of  hereafter  constructed;  and, 

(e)  Buildings. — To  condemn,  tear  down  and  remove  un- 
safe and  dangerous  buildings;  and, 

(f)  Rubbish. — To  remove  rubbish  and  debris  of  all  kinds 
from  lots  and  tracts  of  land  in  the  city  and  from  the  sidewalk 
areas  in  front  thereof  to  the  curb  line  as  defined  by  ordinance 
and  from  the  alleys  in  the  rear  thereof;  and  to  fill  up  or  drain 
holes  and  depressions  in  lots  and  tracts  of  land  in  the  city 
where  water  accumulates;  and, 

(g)  Weeds. — To  cut  and  remove  growing  weeds  of  all 
kinds  from  all  lots  and  tracts  '.of  land  in  the  city  and  from 
the  sidewalk  areas  in  front  thereof  to  the  curb  line  as  defined 
by  ordinance  and  from  the  alleys  in  the  rear  thereof  once  each, 
year;  and, 

To  provide  for  the  payment  of  any  and  all  such  improve- 
ments, work  and  repairs  by  special  assessment  upon  the  lots 
and  tracts  of  land  in  the  city  upon,  adjacent  to,  alongside  of,  in 
front  of  and  in  the  rear  of  which  such  improvements  are  made 
in  proportion  to  the  benefits  accruing  thereto  by  reason  of  such 
improvements. 

All  improvements  provided  for  in  this  section  shall  be  by 
contract  to  the  lowest  responsible  bidder. 

Section  10. — Assessment  of  Cost. — The  cost  of  improve- 
ments mentioned  in  the  preceding  section,  together  with  six 
per  centum  for  inspection,  engineering  and  other  incidentals, 
shall  be  assessed  by  the  city  in  the  manner  prescribed  by  ordi- 
nance. Such  assessments  shall  be  and  remain  a lien  in  the  sev- 
eral amounts  assessed  against  each  lot  and  tract  of  land  until 
paid  and  shall  have  priority  over  all  other  liens  except  general 
taxes.  If  not  paid  in  whole  or  in  part  within  a reasonable 
time  to  be  specified  by  ordinance,  such  assessments  may  at 
any  time,  after  such  failure  be  certified  by  the  council  to  the 
County  Treasurer  for  collection,  in  manner  as  other  taxes  are 
coTTected,  with  ten  peT'rerrttnTi  penalty  thereon;  and  all  of  the 
laws  of  the  state  for  the  assessment  and  collection  of  general 
taxes  including  the  laws  for  the  sale  of  property  for  taxes 
and  the  redemption  thereof  shall  apply  to  and  have  full  effect 
for  the  collection  of  all  such  assessments. 


Section  11. — Paving,  Etc. — The  council  shall  have  power  by 


THE  CHARTER  OF  PUEBLO 


11 


ordinance  to  establish,  define  and  designate  a district  or  dis- 
tricts in  the  city  and  to  improve  the  whole  or  any  part  of  the 
streets,  avenues  and  alleys  in  any  such  district  or  districts  by 
grading,  paving,  surfacing,  macadamizing,  curbing,  guttering 
or  draining  and  the  construction  of  necessary  cross-walks,  cul- 
verts and  sewers,  or  by  any  two  or  more  of  these  improve- 
ments. Notice  of  such  ordinance  shall  be  by  publication  of 
the  ordinance  itself  three  times,  a week  apart,  in  a newspaper 
printed,  published  and  circulated  in  Pueblo,  the  last  publication 
to  be  at  least  ten  days  before  its  final  passage;  and  by  one 
such  publication  of  said  ordinance  within  five  days  after  its  fina 1 
passage.  If  a protest  in  writing  against  said  ordinance  signed 
by  owners'  of  'thirty  per  centum  or  more  of  the  frontage  to  be 
assessed  for  such  improvement  or  improvements  is  filed  with 
the  City  Clerk  within  thirty  days  after  its  final  passage,  then 
such  ordinance  shall  not  be  effective  unless  there  is  filed  with 
the  City  Clerk  within  thirty  days  after  the  filing  of  such  pro- 
test a petition  in  writing  favoring  such  ordinance  signed  by 
owners^of  a greater  per  centum  of  the  frontage  to  be  assessed 
than  signed  and  favor  the  said  protest,  in  which  event  such  or- 
dinance shall  then  be  and  remain  thereafter  in  full  force  and  ef- 
fect. Such  ordinance  shall  state  the  improvement  or  improve- 
ments contemplated,  the  quality  and  character  of  the  materials 
to  be  used  therefor,  the  maximum  cost  thereof  per  square  yard, 
or  per  lineal  foot,  or  per  unit,  and  the  method  of  awarding  the 
contract  or  contracts  therefor;  and  said  ordinance  shall  also 
provide  for  the  issuance  of  district  improvement  bonds  for  the 
payment  of  such  improvement  or  improvements  with  the  rate 
of  interest  thereon  and  the  time  or  times  of  payment  of  prin- 
cipal and  interest,  and  the  manner  or  method  of  apportioning 
and  assessing  the  cost  of  such  improvement  or  improvements 
upon  the  property  benefited  thereby  according  to  benefits  re- 
sulting therefrom. 

Upon  the  completion  of  such  improvement  or  improve- 
ments the  council  by  ordinance  shall  assess  the  whole  cost 
thereof,  including  six  per  centum  for  inspection,  engineering, 
collection  and  other  incidentals,  upon  the  real  property  in  such 
district  or  districts  and  upon  the  property  and  franchises  in 
the  city  of  persons,  firms  and.  corporations  occupying  or  using 
any  part  or  parts  of  such  streets,  avenues  and  alleys  so  im- 
proved, as  in  such  district  ordinance  provided,  except  as  same 
may  be  modified  by  the  council  acting  as  a board  of  equaliza- 
tion and  passing  upon  complaints  as  hereinafter  provided  for. 
Notice  of  said  proposed  assessment  ordinance  shall  be  by  pub 


12 


THE  CHARTER  OF  PUEBLO 


lication  of  the  proposed  ordinance  itself  three  times,  a week 
apart,  in  a newspaper  printed,  published  and  circulated'  in 
Pueblo,  the  last  publication  to  be  at  least  twenty  days  before 
its  final  passage.  At  any  time  within  twenty  days  after  the 
first  publication  of  said  proposed  assessment  ordinance  and 
not  thereafter  any  person,  firm  or  corporation  to  be  assessed 
thereby  may  file  with  the  City  Clerk  a written  complaint  to 
said  proposed  assessment  ordinance,  in  so  far  as  it  affects  his, 
her  or  its  property,  stating  therein  such  grievances  and  objec- 
tions as  they  may  have  thereto.  / TE^^otmdl  sitting  as  a board 
of  equalization  shall  hear  and  determine  all  such  complaints 
before  the  final  passage  of  said  proposed  assessment  ordinance 
and  shall  grant  such  relief  as  complainant  or  complainants  may 
be  found  entitled  to  in  the  premises.  J Said  assessments  when 
made  shall  be  and  remain  a lien  in  the  several  amounts  as- 
sessed against  each  lot,  tract  of  land,  property  and  franchise 
until  paid  and  shall  have  priority  over  all  other  liens  except 
general  taxes;  and  such  ordinance  shall  provide  the  procedure 
for  the  collection  of  said  assessments  and  for  the  sale  of  prop- 
erty so  assessed  in  case  of  default  in  the  payment  of  the  whole 
or  any  part  of  such  assessments. 

When  owners  of  five  per  centum  of  the  frontage  of  con- 
tiguous territory  equivalent  to  any  ten  or  more  blocks  in  this 
city  shall  file  a petition  with  the  City  Clerk  praying  for  the 
creation  and  improvement,  as  contemplated  in  this  section, 
of  a district  consisting  of  said  ten  or  more  blocks,  then  the 
council  shall  within  sixty  days  thereafter  pass  such  an  ordi- 
nance. 

NOTE. — (This  is  an  amended  section — Adopted  November 

4,  1913.) 

Section  12. — Public  Works. — The  council  shall  have  power 
within  the  limits  of  the  city,  to  construct  city  and  public 
buildings,  including  an  auditorium,  a market  place,  public  play- 
grounds, bath  houses  and  stations  of  public  comfort,  and  to 
purchase,  or  to  condemn  and  purchase  sites  for  the  same  when 
necessary;  shall  have  power  to  construct  bridges,  viaducts, 
levees  and  sewers,  within  or  without  the  city,  and  to  purchase 
or  to  condemn  and  purchase  necessary  land  therefor;  and  shall 
have  power,  within  and  without  the  territorial  limits  of  the 
city,  to  construct,  condemn  and  purchase,  purchase,  acquire,  take- 
over, lease,  add  to,  maintain,  conduct  and  operate  water  works, 
gas  works,  light  plants,  power  plants,  parks,  cemeteries,  transpor- 
tation systems,  street  car  and  telephone  systems,  heating  plants, 


THE  CHARTER  OF  PUEBLO 


13 


and  other  public  utilities  or  works  or  ways  local  in  use  and 
extent,  in  whole  or  in  part,  and  everything  required  therefor, 
for  the  use  of  said  city  and  the  inhabitants  thereof,  and  any 
such  system,  plants  or  works  or  ways,  or  any  contracts  in  re- 
lation or  in  connection  therewith,  that  may  exist,  and  which 
the  city  may  desire  to  acquire  or  purchase,  in  whole  or  in  part, 
the  same  or  any  part  thereof  may  by  the  council  be  acquired 
or  purchased.  The  council,  in  the  name  of  the  city,  shall  have 
the  power  to  enforce  any  acquisition  or  purchase  contemplated 
herein  by  proceedings  at  law  as  in  taking  land  for  public  use 
by  right  of  eminent  domain.  The  council  shall  have  the  power 
to  issue  city  bonds  upon  the  vote  of  the  taxpaying  electors, 
at  any  special  or  general  city  election,  necessary  to  carry  out 
any  of  the  powers  or  purposes  mentioned  in:  this  section;  or, 
the  council  shall  have  power  by  ordinance  to  levy  a tax  from 
year  to  year  not  exceeding  three  mills  per  annum  upon  the 
taxable  property  of  the  city  for  the  accumulation  of  a fund  to 
carry  out  any  of  said  powers  or  purposes^  without  increasing 
the  indebtedness  of  the  city. 

Section  13. — Condemnation. — The  provisions  of  Secs.  6589 
to  6602,  both  inclusive,  of  the  Revised  Statutes  of  Colorado 
of  1908,  relating  to  proceedings  to  condemn  private  property 
for  streets,  alleys  and  public  parks  are  hereby  made  and  de- 
clared to’ be  in  full  force  and  effect  in  the  city  until  the  coun- 
cil shall  otherwise  by  ordinance  provide. 

Section  14. — Public  Libraries. — The  council  shall  have 
power  to  provide  for  the  erection  and  maintenance  of  public 
libraries  and  to  make  appropriations  therefor. 

Section  15.— Acquisition. — The  council  shall  have  power 
by  ordinance  to  submit  a proposition,  or  propositions,  to  the 
qualified  tax-paying  electors,  or  to  the  qualified  electors  en- 
titled to  vote  thereon,  of  the  districts  and  parts  of  Pueblo 
owning,  interested  in,  or  vested  with  and  entitled  to  the  use 
and  benefit  of  any  real  and  personal  property,  including  parks, 
cemeteries,  and  water  works  with  all  rights  thereto  belonging, 
at  any  general  or  special  city  election,  providing  for  the  sale 
and  disposition  thereof  to  the  city,  for  the  use  of  its  inhabi- 
tants and  property,  upon  such  terms  as  to  payment  therefor 
by  the  issuance  of  bonds  or  otherwise  and  upon  such  other 
conditions  as  shall  be  provided  in  such  ordinance;  provided, 
that  such  proposition,  or  propositions,  shall  not  become  effect- 
ive until  approved  by  a majority  of  the  qualified  tax-paying 


14 


THE  CHARTER  OF  PUEBLO 


electors,  or  qualified  electors  entitled  to  vote  thereon,  voting 
thereon  in  each  district  and  part  of  Pueblo  affected  thereby. 

Section  16. — Suits,  Property,  Etc. — The  council,  in  the 
name  of  the  city,  shall  have  power  to  sue  and  defend  and  plead 
and  be  impleaded  in  all  courts  and  places  and  in  all  matters 
and  proceedings;  to  use  a common  seal  and  alter  the  same  at 
pleasure;  to  purchase,  receive,  hold,  enjoy,  sell  and  dispose  of 
real  and  personal  property;  to  receive  gifts,  bequests  and  dona- 
tions of  all  kinds  of  property,  in  fee  simple,  or  in  trust  for  pub- 
lic, charitable  or  other  purposes;  and  to  sell,  manage,  lease  and 
otherwise  do  all  acts  and  things  necessary  to!  carry  out  the 
purposes  and  terms  of  such  gifts,  bequests  and  donations. 

Section  17. — Intoxicating  Liquors.- — The  council  shall  have 
power  by  ordinance  to  license  and  regulate,  or  to  prohibit,  the 
selling  and  giving  away  of  intoxicating  liquors  within  the  lim- 
its of  Pueblo  and  within  one  mile  beyond  the  outer  boundaries 
thereof. 

Under  license  and  regulation,  the  number  of  places,  at 
which  intoxicating  liquors  are  used  upon  the  premises  where 
sold  or  given  away,  shall  not  exceed  one  hundred  in  number; 
the  licenses  in  force  when  this  Charter  takes  effect  shall  con- 
tinue and  be  renewed,  from  time  to  time,  unless  revoked  for 
cause  or  surrendered;  each  license  fee  shall  be  $1,000  per  an- 
num, payable  in  equal  semi-annual  installments  in  advance; 
such  licenses  may  be  transferred  by  and  with  the  consent  of 
the  council,  and  the  council  shall  not  have  the  power  to  refund 
the  fee  for  any  license  forfeited  or  surrendered,  except  to  the 
heirs  of  a deceased  licensee. 

No  license  shall  be  granted  to  an  alien,  a woman,  any  per- 
son having  been  convicted  of  a felony,  or  to  any  person,  firm 
or  corporation  convicted  a second  time  of  any  violation  of  a 
midnight  or  Sunday  closing  law  or  ordinance,  or  of  any  law 
or  ordinance  prohibiting  gambling,  the  selling  or  giving  away 
of  intoxicating  liquor  to  a minor,  an  insane  or  idiotic  person, 
an  intoxicated  person,  or  to  an  habitual  drunkard,  wine  rooms, 
or  the  employment  or  permission  of  women  in  or  about  places 
where  intoxicating  liquors  are  used  on  the  premises  where  sold 
or  given  away,  or  to  any  person,  firm  or  corporation  having 
in  its  employ  or  associated  with  it,  directly  or  indirectly,  any 
person  who  has  been  convicted  a second  time  of  any  of  the 
above  offences. 

Upon  the  conviction  a second  time  in  any  court  of  compe- 


THE  CHARTER  OF  -PUEBLO 


15 


tent  jurisdiction  of  any  person,  firm  or  corporation,  holding  a 
license  for  selling  or  giving  away  intoxicating  liquors,  of  any  of 
the  above  offences,  the  court  as  a part  of  the  judgment  shall 
enter  a forfeiture  of  any  such  license.  The  council  shall  also 
have  power  by  resolution,  when  it  deems  it  for  the  best  interest 
of  the  city  and  its  inhabitants,  to  revoke  any  liquor  license  for 
cause.  Any  license  forfeited  or  surrendered  shall  be  sold  by 
the  council,  after  published  notice,  to  the  highest  bidder. 

Section  18. — Advertising. — The  council  shall  have  power  to 
let  all  advertising  by  contract  at  a price  not  exceeding  the  legal 
rate  provided  by  state  law. 

Section  19. — Water  Tax. — It  shall  be  lawful  for  the  council 
to  levy  annually  an  assessment  upon  each  lot  or  parcel  of 
ground  which  shall  abut  on  any  street,  alley,  or  avenue  in  said 
city,  through  which  the  distributing  pipes  of  water  works  of 
the  city  or  of  districts  thereof  are,  or  may  be  laid,  so  as  con- 
veniently to  supply  said  lot  or  parcel  of  ground  with  water, 
whether  water  be  used  upon  said  lot  or  parcel  of  ground  or 
not,  which  said  assessment  shall  be  levied  at  a uniform  rate, 
according  to  frontage;  provided,  that  at  least  ten  days  notice 
of  such  assessment  shall  be  given  by  one  publication  in  some 
newspaper  published  in  said  city,  stating  the  time  at  which  said 
assessment  will  be  made,  and  giving  all  persons  interested 
therein  an  opportunity  to  appear  and  make  objection  thereto. 

All  such  assessments  and  charges  shall  become  and  be  a 
continuing  lien  and  charge  upon  the  lots  or  parcels  of  ground 
upon  which  they  are  respectively  levied,  and  upon  the  building 
or  buildings  or  other  improvements  situated  thereon,  if  any, 
and  have  priority  over  all  other  liens  except  ereneral  taxes;  and 
the  council  shall  provide  by  ordinance  for  the  collection  and 
enforcement  of  such  assessments  in  manner  as  provided  in  this 
Charter  for  the  collection  and  enforcement  of  sidewalk  assess- 
ments. 

Section  20. — General  Powers. — The  council  shall  have 
power  to  pass  all  such  ordinances  as  shall  be  necessary  to  pro- 
vide for  the  safety,  preserve  the  health,  promote  the  prosperity, 
improve  the  morals,  order,  comfort  and.  convenience  of  the 
city  and  its  inhabitants  and  to  enforce  obedience  to  such  ordi- 
nances by  fines,  penalties,  forfeitures  and  imprisonments  as 
herein  provided;  and  the  specific  enumeration  of  powers  in  this 
Charter  shall  never  be  construed  as  impairing  the  general  resto- 
ration or  grant  of  power  of  local  self  government  to  the  city 
by  the  Constitution  of  the  State  of  Colorado. 


16 


THE  CHARTER  OF  PUEBLO 


ARTICLE  V. 

THE  EXECUTIVE  DEPARTMENTS. 

NOTE. — (Sections  1,  2,  3,  4,  5 and  6 of  this  Article  are 
modified  by  the  amendment  to  Section  1 of  Article  II  reducing 
the  number  of  commissioners  from  five  to  three.) 

Section  1. — The  council  at  its  first  regular  meeting  under 
this  Charter  and  at  the  first  regular  meeting  of  the  incoming 
council  in  January,  A.  D.  1914,  and  at  the  first  regular  meet- 
ing of  the  incoming  council  in  January  every  two  years  there- 
after shall  appoint,  by  majority  vote,  one  of  its  members  the 
Commissioner  of  Public  Safety;  one,  the  Commissioner  of  Fi- 
nance and  Supplies;  one,  the  Commissioner  of  Highways;  one, 
the  Commissioner  of  Parks,  Lighting  and  Water;  and  one,  the 
Commissioner  of  Health,  Inspection  and  Sanitation.  The 
council  shall  have  power,  at  any  time  by  the  affirmative  vote 
of  four  members,  to  reappoint  the  executive  departments  among 
its  members,  but  must  give  notice  of  its  intention  so  to  do  by 
resolution  passed  fry  a majority  vote  and  spread  upon  the  jour- 
nal of  its  proceedings,  at  least  one  week  before  such  reappoint- 
ment. Each  commissioner,  subject  to  the  provisions  of  this 
Charter  and  the  ordinances  of  the  city  and  to  the  orders  and 
regulations  of  the  council,  shall  have  the  direct  care,  control 
and  supervision  of  his  department,  and  shall  be  responsible 
therefor. 

PUBLIC  SAFETY. 

Section  2. — Public  Safety. — The  Commissioner  of  Public 
Safety  shall  "have  supervision  over  the  police  and  fire  depart- 
ments. It  shall  be  his  duty  to  take  care  that  the  penal  laws  of 
the  state  and  the  police  and  all  ordinances  of  the  city*  regulat- 
ing the  storage  of  high  inflammables  and  explosives  and  pro- 
viding for  fire  limits  and  for  protection  against  fire  risks  and 
hazards  are  enforced.  He  shall  have  power  to  remit  fines, 
penalties,  forfeitures  and  imprisonments  imposed  for  the  viola- 
tion of  any  provision  of  this  Charter  or  of  any  ordinance,  and 
shall  report  such  remissions  in  writing  to  the  next  regular  meet- 
ing of  the  council  with  his  reasons  therefor.  He  shall  maintain 
a genral  supervision  .over  all  persons,  firms  and  corporations 
furnishing  public  utilities  to  the  city  or  to  its  inhabitants  in  so 
far  as  they  are  made  subject  to  municipal  control  under  this 
Charter  or  by  ordinance.  He  also  shalLhave  general  supervis- 
ion of  all  public  affairs  not  otherwise  provided  for  in  this  Char- 
ter or  by  ordinance. 


THE  CHARTER  OF  PUEBLO 


17 


FINANCE  AND  SUPPLIES. 

Section  3. — Finance  and  Supplies. — The  Commissioner  of 
Finance  and  Supplies  shall  be  ex-officio  City  Treasurer.  All 
license  fees  and  taxes  imposed  by  city  ordinances,  all  special 
assessments  and  taxes  for  public  improvements,  all  fines,  pen- 
alties and  forfeitures  for  the  violation  of  provisions  of  this 
Charter  and  of  ordinances,  all  money  due  the  city  arising  from 
general  taxation  and  coming  into  the  hands  of  the  County 
Treasurer,  all  water  rentals  and  collections  of  the  water  sys- 
tem or  systems  of  the  city,  and  of  districts  and  parts  thereof, 
all  money  arising  from  the  sale  of  products,  concessions  and 
privileges  of  the  public  parks  and  cemeteries  of  the  city  and  of 
the  several  parts  and  districts  thereof,  all  money  from  the 
rental  and  sale  of  city  property  and  all  money  of  every  kind 
due  to  the  city  shall  be  payable  to  him;  and  it  shall  be  his  duty 
to  see  that  all  such  payments  are  duly  made.  Pic  shall  also 
purchase  all  supplies  for  the.  city  in  manner  as  provided  by  this 
Charter. 

HIGHWAYS. 

Section  4. — Highways. — The  Commissioner  of  Plighways 
shall  have  the  direct  care,  control  and  supervision  over  all 
streets,  avenues,  alleys,  bridges,  viaducts,  levees,  sidewalks, 
cross-walks,  curbs  and  gutters  and  over  all  improvements  and 
repairs  thereon,  including  street  paving,  alley  paving,  gutter, 
curb,  cross-walk  and  sidewalk  constructionj/levee  construction 
and  repair,  and  the  construction  and  repair  of  all  city  build- 
ings. He  also  shall  have  the  care  and  supervision  of  all  real 
and  personal  property  owned,  leased  by  or  controlled  by  the 
city,  not  in  the  charge  of  another  department. 

PARKS,  LIGHTING  AND  WATER. 

Section  5. — Parks,  Lighting  and  Water. — The  Commission- 
er of  Parks,  Lighting  and  Water  shall  have  the  supervision 
of  all  of  the  public  parks  of  the  city,  of  the  planting,  both 
by  private  individuals  and  by  the  city,  of  ornamental  and  shade 
trees  along  public  streets,  of  all  city  lighting,  of  the  inspection 
of  electrical  wiring  and  apparatus  construction,  of  all  heating, 
power  and  lighting  inspection,  of  original  sewer  construction 
and  of  the  construction,  repair  and  operation  of  the  water  sys- 
tem, or  systems,  of  the  city. 

HEALTH,  INSPECTION  AND  SANITATION. 

Section  6. — Health,  Inspection  and  Sanitation. — The  Com- 
missioner of  Health,  Inspection  and  Sanitation  shall  see  that 


18 


THE  CHARTER  OF  PUEBLO 


all  health  ordinances  and  all  milk,  meat  and  food  inspection 
ordinances  and  all  sanitation  ordinances  of  the  city  are  en- 
forced. He  shall  have  the  supervision  of  steam  boiler  and 
plumbing  inspection,  of  sewer  flushing  and  repair  and  the  super- 
vision and  enforcement  of  all  ordinances  providing  for  the  reg- 
ulation and  removal  of  sign  boards,  bill  boards  and  bulletin 
boards,  for  the  condemnation  and  removal  of  unsafe  and  dan- 
gerous buildings,  for  the  removal  of  weeds,  rubbish  and  debris, 
for  the  abatement  of  nuisances  and  for  the  general  cleanliness 
of  the  city. 

Section  7. — Power  to  Change. — Each  of  said  commission- 
ers shall  have  such  other  duties,  rights  and  powers  as  may 
be  provided  by  ordinance,  not  in  conflict  with  the  provisions 
of  this  Charter;  and  the  council  shall  have  power  by  ordi- 
nance to  change  the  duties,  rights  and  powers  of  any  com- 
missioner as  defined  in  this  Charter  when  the  public  service  so 
requires. 

Section  8. — Department  Employes. — The  council  shall  de- 
termine the  number  of  employes  in  each  department,  may  re- 
quire any  employe  in  any  department  to  render  services  in  two 
or  more  departments  and  shall  make  rules  and  regulations  for 
the  proper,  efficient  and  economical  conduct  of  all  of  the  de- 
partments of  the  city. 

Section  9. — Supplies. — All  supplies  shall  be  purchased  in 
the  following  manner  and  not  otherwise: 

The  Commissioner  of  Finance  and  Supplies  shall  advertise 
annually  in  December  for  at  least  ten  days  by  one  publication 
in  la  newspaper  of  general  circulation  in  the  city,  for  bids  for 
furnishing  all  supplies  for  the  city  and  for  the  several  depart- 
ments, parts  and  districts'  thereof  for  the  ensuing  fiscal  year. 
He  shall  open  the  bids  received  in  the  presence  of  the  council 
in  January  of  each  year,  and  they  shall  then  award  contracts  to 
furnish  such  supplies  to  "the  lowest  responsible  bidder,  esti- 
mating the  bids  in  detail,  and  awarding  to  the  respective  bid- 
ders a contract  for  the  articles  only  whereon  the  bid  is  lower 
than  all  other  bids  offered  on  the  same  article.  The  council 
may  reject  any  and  all  bids  if  same  are  unsatisfactory  and  di- 
rect the  Commissioner  of  Finance  and  Supplies  to  re-advertise 
for  bids. 

When  it  becomes  necessary  during  the  year  to  purchase 
supplies  upon  which  no  bids  have  been  received,  or  when  the 
bids  first  received  are  unsatisfactory,  the  Commissioner  of  Fi- 


THE  CHARTER  OF  PUEBLO 


19 


nance  and  Supplies  and  the  council  shall  award  the  contract 
for  such  supplies  to  the  lowest  responsible  bidder,  on  competi- 
tive bids,  at  the  time  of  such  purchase. 

Written  requisition  for  all  supplies  as  needed  shall  be 
made  to  the  council  by  heads  of  departments  with  the  approval 
of  the  commissioner  thereof;  and  all  supplies  shall  then  be 
purchased  by  the  Commissioner  of  Finance  and  Supplies  from 
the  persons,  firms  and  corporations  to  whom  contracts  have 
been  awarded  as  aforesaid,  on  the  order  of  the  council.  The 
Commissioner  of  Finance  and  Supplies  shall  have  custody  of 
all  supplies  purchased  until  delivered  for  use;  shall  be  respon- 
sible therefor;  shall  keep  books  of  account  of  all  supplies  pur- 
chased and  to  whom  delivered;  and  on  the  third  regular  meet- 
ing of  each  month,  and  oftener  when  required,  shall  report  to 
the  council  in  writing  all  supplies  purchased  during  the  pre- 
ceding month,  showing  therein  the  quantity,  price  and  whole 
amount  paid  therefor  and  quantity  on  hand. 


ARTICLE  VI. 

OFFICERS  AND  EMPLOYES. 

Section  1. — Officers  and  Employes. — The  five  commission- 
ers, the  three  members  of  the  Civil  Service  Commission,  City 
Controller,  City  Attorney,  City  Engineer,  City  Clerk  and  Judge 
of  the  Municipal  Court  shall  be  the  officers  of  the  city.  A 
City  Attorney,  a City  Engineer  and  a City  Clerk  shall  be  ap- 
pointed by  the  council  at  its  first  regular  meeting  under  this 
Charter,  or  as  soon  therafter  as  may  be,  and  at  the  first  regu- 
lar meeting  of  the  council  in  January,  A.  D.  1916,  and  every 
four  years  thereafter  and  shall  hold  their  offices,  unless  re- 
moved by  the  council,  until  their  successors  are  appointed 
and  qualified.  Vacancies  in  these  offices  shall  be  filled  for  the 
unexpired  terms  by  the  council.  A City  Controller  and  a 
Judge  of  the  Municipal  Court  shall  be  appointed  by  the  Civil 
Service  Commission  as  soon  as  organized  under  this  Charter 
and  on  the  first  day  of  January,  A.  D.  1914,  and  on  the  first 
day  of  January  every  four  years  thereafter  who  shall  hold  of- 
fice, unless  removed  by  the  Civil  Service  Commission,  until 
their  successors  are  appointed  and  qualified.  Vacancies  in  said 
offices  shall  be  filled  by  the  Civil  Service  Commission  for  the 
unexpired  terms.  All  other  persons  in  the  service  of  the  city, 
or  of  any  commission  or  board  thereof,  are  hereby  declared  to 
be  employes. 


20 


THE  CHARTER  OF  PUEBLO 


Section  2. — City  Clerk. — The  City  Clerk  shall  keep  a jour- 
nal of  the  council  proceedings  in  which  shall  appear  a record 
of  all  ordinances,  resolutions  and  motions  of  the  council,  of 
all  expenditures  by  the  city  and  of  all  warrants  ordered  drawn 
showing  the  amount  and.  purpose  of  each  and  to  whom  pay- 
able, and  of  all  licenses  ordered  issued  by  the  council,  and 
of  all  appointments  and  confirmations  made  and  of  all  fines, 
penalties  and  forfeitures  remitted.  He  shall  be  the  custodian 
of  and  keep  all  of  the  council  records,  files  and  ordinances; 
shall  attend  to  posting  and  publishing,  within  the  time  required, 
of  all  notices,  ordinances,  statements  and  other  publications 
required  by  this  Charter,  or  by  ordinance  or  -resolution  of  the 
council;  shall  present  to  the  council  all  pay-rolls,  bills  and 
claims  of  and  against  the  city,  but  before  so  doing  shall  re- 
quire their  approval  in  writing  by  the  commissioner  of  the  de- 
partment in  and  for  which  incurred  and  also  an  audit  thereof 
by  the  City  Controller;  shall  draw  and  issue  all  licenses;  shall 
attest  and  affix  the  seal  of  the  city'  to  all  warrants,  bonds, 
coupons,  contracts,  licenses  and  other  instruments  requiring 
the  assent  of  the  city;  and  shall  perform  all  such  other  duties, 
not  inconsistent  with  this  Charter,  as  may  be  required  of  him 
by  ordinance,  resolution  or  motion  of  the  council. 

Section  3. — The  City  Controller. — The  City  Controller  shall 
inspect,  examine  and  control  all  of  the  accounts1  of  the  city.  He 
may  prescribe  the  form  and  manner  of  keeping  the  books  and 
records  of  the  city  and  its  several  departments.  He  shall 
have  access  at  all  times  to  all  papers,  books,  files,  records  and 
documents  in  all  offices  and  departments  of  the  city  and  may 
require  additional  reports  from  any  officer  or  employe  of  the 
city  relative  to  expenditures.  He  shall  audit  all  pay-rolls,  bills 
and  claims  of  and  against  the  city  before  they  are  presented 
to,  allowed  or  ordered  paid  by  the  council  and  he  shall  make 
such  inquiry  and  investigation  as  may  be  necessary  to  ascer- 
tain that  all  such  pay-rolls,  bills  and  claims  are  just  and  proper 
charges  against  the  city  before  auditing  same.  He  shall  draw, 
keep  a register  of  and  issue  all  warrants,  bonds,  coupons  and 
other  evidences  of  indebtedness  of  the  city  and  shall  sign  same 
as  city  controller,  and  until  so  signed  by  him  they  shall  not  be 
valid.  He  shall  keep  a record  of  all  appropriations  and  ex- 
penditures of  the  city  and  of  all  indebtedness,  both  general  and 
special,  of  the  city  and  of  the  several  districts  and  parts  there- 
of; and  at  the  third  regular  meeting  of  the  council  in  each 
month  ip  writing  shall  report  thereto  all  expenditures  and  pay- 
ments by  the  city  for  the  preceding  month  and  the  amount  of 


THE  CHARTER  OF  PUEBLO 


21 


unexpended  balances  in  each  item  of  the  annual  appropriation; 
and  within  thirty  days  after  the  close  of  each  fiscal  year  he  shall 
cause  to  be  printed  in  pamphlet  form  a detailed  statement  of 
the  receipts  and  expenditures  of  the  city  during  the  year  pre- 
ceding and  in  said  statement  shall  show  all  of  the  outstanding 
indebtedness,  general  and  special,  of  the  city,  and  of  the  several 
districts'  and  parts  thereof.  He  shall  furnish  copies  of  this 
statement  to  the  city  library,  to  the  newspapers  of  the  city 
and  to  all  persons  who  shall  apply  therefor  at  the  office  of  the 
city  clerk. 

Section  4. — The  City  Attorney. — The  City  Attorney  shall 
be  a reputable  attorney  in  practice  in  Pueblo,  a qualified  elec- 
tor, and  shall  have  had  at  least  5 years  experience  in  General 
Practice  in  the  State  of  Colorado.  He  shall  draw  all  ordi- 
nances, contracts  and  other  instruments  requested  of  him  by 
the  council,  shall  be  the  legal  advisor  of  the  council,  commis- 
sioners and  departments;  shall  conduct  all  cases  in  court  where- 
in the  city  or  any  department,  or  part  thereof  shall  be  a party 
plaintiff  or  defendant,  or  a party  in  interest,  and  in  connec- 
tion therewith  shall  as  city  attorney  sign  and  execute  all  plead- 
ings, bonds  and  affidavits  on  behalf  of  the  city;  shall  attend 
all  meetings  of  the  council,  regular  or  special,  and  shall  per- 
form all  such  other  duties  as  are  required  of  him  by  motion, 
resolution  or  ordinance  of  the  council. 

Section  5. — The  City  Engineer. — The  City  Engineer  shall 
have  charge  of  the  engineering  department.  Such  assistants, 
inspectors  and  employes  as  shall  be  provided  by  ordinance, 
shall  be  appointed  for  such  department  by  the  council  under 
the  rules  and  regulations  of  the  Civil  Service  Commission.  The 
city  engineer  shall  prepare  all  plans,  specifications  and  esti- 
mates and  shall  perform  all  surveying  and  engineering  work 
of  the  city  that  is  required  of  him  by  resolution  or  ordinance 
of  the  council.  He  shall  supervise  the  inspection  and  shall 
issue  all  permits  for  building,  sewer  and  sidewalk  construc- 
tion and  repair.  All  plans,  maps,  notes,  surveys,  books,  pa- 
pers and  documents  of  the  engineering  department  shall  be 
preserved  in  the  office  of  the  city  engineer  and  shall  be  open 
to  inspection  by  any  citizen  at  reasonable  hours. 

Section  6. — Salaries. — -Each  commissioner  shall  be  paid  a 
salary  of  $2400  per  annum;  the  Judge  of  the  Municipal  Court 
$900  and  the  City  Controller  $2100  per  annum. 

The  council  shall  on  or  before  January  1,  1912,  pass  an 


22 


THE  CHARTER  OF  PUEBLO 


ordinance  fixing  the  terms  of  office  and  the  salaries  of  all  offi- 
cers and  employes  of  the  city,  whose  terms  and  salaries  are  not 
fixed  by  this  Charter.  All  apointments  made  prior  to  the  pass- 
age of  such  ordinances  shall  be  temporary,  effective  only  until 
such  ordinance  shall  be  passed.  The  council  may  fix  by  reso- 
lution the  compensation  of  officers  and  employes  appointed 
and  employed  prior  to  the  passage  of  said  ordinance. 

The  compensation  of  no  officer  or  employe  shall  be  in- 
creased directly  or  indirectly  during  the  term  for  which  he  shall 
have  been  elected  or  appointed;  provided,  that  the  council  may, 
not  oftener  than  once  in  four  years,  by  ordinance,  increase, 
diminish  or  re-adjust  the  compensation  of  officers  or  employes 
included  within  the  classified  Civil  Service  list. 

No  officer  or  employe  of  the  city  shall  receive  any  com- 
pensation whatever  in  relation  to  the  performance  of  his  du- 
ties as  such  from  any  other  source  than  the  city;  and  from  the 
city,  shall  receive  no  compensation  whatever  other  than  his 
salary. 

All  fees,  licenses  or  payments  of  any  kind  or  character  re- 
ceived or  collected  by  or  paid  ;to  any  officer  of  the  city  for  or 
on  account  of  any  service  rendered  or  work  performed  by  him 
in  his  capacity  as  an  officer  or  employe  of  the  city,  or  pursuant 
to  any  power  or  authority  conferred  upon  him  as  such  city 
officer  or  employe  by  any  provision  of  this  Charter  or  the 
laws  of  the  State  of  Colorado  or  any  ordinance,  resolution  or 
motion  of  the  council  or  by  authority  of  any  other  officer  or 
employe  of  the  city,  shall  be  paid  to  the  treasurer  for  the  use 
and  benefit  of  the  city,  except  rewards  paid  by  non-residents 
for  the  apprehension  of  criminals. 

Section  7. — Bonds. — The  commissioners  shall  give  bond  in 
the  sum  of  $10,000  each;  the  Commissioner  of  Finance  and  Sup- 
plies as  treasurer,  $200,000  additional;  the  city  controller,  $20,- 
000;  the  city  clerk,  $5,000;  the  city  engineer,  $3,000;  the  city  at- 
torney, $1,000,  and  the  judge  of  the  municipal  court,  $1,000; 
conditioned  that  each  of  said  officers  shall  well  and  faithfully 
perform  all  of  the  duties  of  his  office  and  shall  account  for  and 
turn  over  all  money,  property  and  books  of  the  city  coming 
into  his  hands;  provided  that  such  bonds,  except  of  the  com- 
missioners, may  be  changed  by  ordinance.  Employes  shall  fur- 
nish such  bond  as  shall  be  fixed  by  ordinance.  The  premium 
on  all  bonds  shall  be  paid  by  the  city. 


THE  CHARTER  OF  PUEBLO 


23 


Section  8. — Passes  Prohibited.- — No  officer  or  employe,  ex- 
cept as  authorized  in  this  Charter,  shall  receive  or  use,  directly 
or  indirectly,  any  express,  sleeping  car,  railroad,  street  car, 
telegraph  or  telephone  pass  or  frank;  nor  any  free  service  or 
gratuity  from  any  person,  firm  or  corporation  holding  or  seek- 
ing any  franchise,  lease  or  contract  from  or  under  the  city.  A 
violation  of  this  section  shall  be  cause  for  removal  from  office. 

Section  9. — Attend  to  Duties. — All  persons  holding  any 
office  or  employment  under  the  city,  whether  elective  or  ap- 
pointive, shall  be  required  to  engage  in  the  actual  work  of  the 
office  or  employment  so  held,  to  the  extent  that  their  services 
may  be  necessary  for  the  full  and  complete  discharge  of  the 
duties  of  such  office  or  employment,  and  a failure  so  to  do 
shall  be  ground  for  removal. 


ARTICLE  VII. 

CIVIL  SERVICE. 

Section  1. — The  Commissioners. — There  is  hereby  created  a 
civil  service  commission  of  three  members,  who  shall  be  elected 
as  provided  in  this  Ch,arter-  and  who  shall  be  paid  $5  per  day 
for  actual  service,  for  not  to  exceed  thirty  days  in  any  one 
year.  No  civil  service  commissioner  shall  hold  any  other 
elective  or  appointive  office  under  the  national,  state,  county, 
or  city  governments.  The  commissioner  having-  the  shortest 
time  to  serve,  not  holding  his  office  by  appointment  or  election 
to  fill  a vacancy,  shall  be  president  of  the  board.  The  city  con- 
troller shall  be  ex-officio  clerk  to  the  commissioners,  and  the 
council  shall  furnish  a suitable  room  for  their  use. 

Section  2. — Rules  and  Examination. — The  civil  service  com- 
mission shall  hold  at  least  two  public,  competitive  examinations 
of  applicants  for  positions  in  the  classified  civil  service  of 
Pueblo  each  year,  on  the  first  Mondays  in  February  and  Aug- 
ust, and  such  other  examinations  necessary  to  provide  lists  of 
eligible  applicants,  and  shall  make  rules  governing  examina- 
tions and  prescribing  the  qualifications  required  in  the  different 
departments  of  the  civil  service,  as  to  health,  fitness,  exper- 
ience, physical  conditon,  and  manual,  clerical  and  professional 
skill,  and,  subject  to  the  approval  of  the  council,  may  publish 
same  in  pamphlet  form.  They  shall  keep  a record  of  all  their 
proceedings  and  shall  certify  to  the  council,  after  each  exami- 
nation, a full  and  complete  list  of  all  applicants,  with  their 
credits  for  admission,  so  revised  after  each  examination,  that 


24 


THE  CHARTER  OF  PUEBLO 


the  applicant  holding  the  highest  credits  shall  be  at  the  head  of 
the  list  and  the  others  in  the  order  of  their  credits.  They  shall 
furnish  the  council  with  separate  lists  for  each  class  of  service 
and  shall  issue  a certificate  to  each  applicant  showing  his  stand- 
ing. The  commissioners  shall  report  to  the  council  after  each 
semi-annual  examination  such  recommendations  as  they  deem 
proper  and  from  time  to  time,  may  require  reports  from  the 
council  of  appointments  made.  They  shall  give  ten  days  pub- 
lic notice  of  all  examinations. 

The  Civil  Service  Commission  shall  appoint  all  judges  and 
registrars  of  election,  as  elsewhere  provided  for  in  this  Charter. 

Section  3. — Examinations  Competitive. — All  examinations 
shall  be  competitive  and  practical,  as  to  fitness  for  service  in 
each  particular  class,  and  the  commission  shall,  both  in  ex- 
aminations and  reports,  separate  the  different  qualifications 
upon  which  the  applicant  is  to  be  or  has  been  examined.  Due 
credit  shall  always  be  given  for  experience  in  the  line  in  which 
employment  is  sought.  All  examination  papers,  the  markings 
thereof,  and  all  papers  and  communications  in  connection  there- 
with shall  be  kept  on  file  for  a period  of  two  years  and  shall 
be  public  records  and  accessible  at  all  convenient  times. 

Section  4. — Duty  of  Applicants. — Applicants  for  positions 
in  the  classified  civil  service  of  the  city  shall  not  divulge  di- 
rectly or  indirectly,  or  have  disclosed,  through  any  other  per- 
son to  the  Civil  Service  Commission  or  to  the  Council,  their 
politics  or  religion,  or  have  on  file  any  recommenclation,  other 
than  references  as  to  character  filed  with  the  Civil  Service 
Commission;  and  no  discrimination  shall  be  made  by  said  Com- 
mission, or  Council,  ion  account  of  religion  or  political  affilia- 
tions or  endorsements.  Every  applicant  for  a position  in  the 
classified  civil  service  shall  be  a qualified  elector,  and  shall 
have  been  a resident  of  Pueblo  at  least  two  years  immediately 
preceding  his  examination;  all  certificates  issued  as  a result 
of  such  examination,  shall  hold  good  for  the  period  of  two 
years  and  no  longer. 

Section  5. — Examination  for  Advancement. — Any  appointee 
under  the  classified  civil  service  may  take  an  examination  for 
advancement;  and,  to  assist  the  commission  in  passing  there- 
on, proper  records  shall  be  kept  in  the  classified  civil  service, 
showing  the  competency  and  efficiency  of  the  appointees  there- 
in; and  any  appointee  shall  have  the  right  to  know  from  time 
to  time  his  standing.  The  council  may  reduce  in  rank  any 
appointee  who  has  failed  to  give  satisfaction. 


THE  CHARTER  OF  PUEBLO 


25 


Section  6. — No  Advancement  Except  from  Lists. — The 
council  shall  make  no  appointment  or  advancement  in  any  de- 
partment in  which  there  is  a classified  civil  service  list  except 
from  the  list  of  those  eligible  as  certified  by  the  Civil  Service 
Commission;  and  in  making  appointments  preference  shall  al- 
ways be  given  to  those  who  are  applicants  for  advancement,  if 
they  are  qualified  and  their  advancement  is  justified  by  their 
record  of  service.  All  appointments  shall  be  for  and  during 
good  behavior  and  ability  to  perform  the  duties.  In  case  there 
is  no  eligible  list  available  at  the  time  it  becomes  necessary  to 
make  an  appointment,  the  council  may  make  a temporary  ap- 
pointment for  not  to  exceed  thirty  days  and  shall  immediately 
certify  such  fact  to  the  Civil  Service  Commission.  The  com- 
mission shall  thereupon  hold  a public  examination  at  once  and 
furnish  an  eligible  list. 

Section  7. — Participation  in  Politics. — All  appointees  and 
persons  in  the  classified  civil  service  are  forbidden  to  take  part 
in  political  conventions,  directly  or  indirectly,  or  in  the  selec- 
tion of  candidates  or  delegates  in  primaries  or  otherwise.  Ex- 
cept to  vote,  all  such  appointees  are  forbidden  to  participate 
directly  or  indirectly  in  any  election,  or  to  contribute  directly 
or  indirectly  to  any  campaign  fund,  or  to  pay  or  promise  to 
pay,  or  solicit  any  fund,  money,  property,  emolument,  appoint- 
ment or  position,  in  any  election,  nomination,  primary  or  con- 
vention. A violation  hereof  shall  be  good  and  sufficient  cause 
for  suspension  or  dismissal  from  the  service  by  the  council; 
and  in  addition,  any  person  violating  any  provision  of  this  sec- 
tion shall  be  guilty  of  a misdemeanor  and  upon  conviction  shall 
be  fined  in  a sum  not  less  than  Fifty  'Dollars  nor  more  than 
Three  Hundred  Dollars  for  each  separate  offense,  and  shall  be 
debarred  from  holding  any  elective  or  appointive  office  or 
employment  under  the  city  government  .for  two  years  there- 
after. 

Section  8. — Soliciting  Contributions. — Any  person  who  shall 
solicit  any  member  of  the  Civil  Service  Commission,  of  the 
Council,  or  any  appointee  or  employe  of  the  city  for  a con- 
tribution of  money  or  other  valuable  thing,  or  the  promise 
thereof,  in  aid  of  any  political  party  or  the  candidacy  of  any 
person,  or  who  shall  solicit  any  promise  of  appointment,  ad- 
vancement or  recommendation  of  any  person  for  appointment, 
shall  be  guilty  of  a misdemeanor  and  upon  conviction  thereof 
fined  in  a sum  not  less  than  Fifty  nor  more  than  Three  Hun- 
dred Dollars  for  each  separate  offense,  and  shall  be  debarred 


26 


THE  CHARTER  OF  PUEBLO 


from  holding  any  appointive  or  elective  office  or  employment 
under  the  city  government  for  two  years  thereafter. 

Section  9. — Suspension  of  Officers  and  Employees. — Any 
officer,  superintendent  or  foreman  shall  have  authority  to  sus- 
pend for  cause  any  appointee  wording  under  him,  for  not  more 
than  forty-eight  hours.  If  the  commissioner  of  that  depart- 
ment shall  approve  such  suspension,  he  shall  immediately  cer- 
tify the  same  or  any  additional  suspension  or  dismissal  he  may 
recommend,  to  the  council  with  his  reasons  therefor.  If  the 
same  is  approved  by  the  council,  such  suspension  or  dismissal 
shall  be  final,  provided,  that  any  appointee  in  the  civil  service 
before  being  dismissed  shall  be  given  due  notice  of  the  charges 
and  a hearing.  At  such  hearing  the  council  shall  have  power 
to  compel  the  attendance  of  witnesses  and  the  production  of 
books  and  papers  necessary  to  the  proper  investigation  of  the 
charges  under  consideration. 

Section  10. — Departments  Retained. — The  members  of  the 
present  fire  and  police  departments  and  the  city  electrician 
shall  not  be  required  to  pass  any  examination  and  shall  be  by 
the  adoption  of  this  Charter  appointed  to  the  places  now  oc-_ 
cupied  by  them  the  same  as  if  they  had  passed1  proper  ex- 
amination, subject  to  the  six  motnhs  probationary  period  pro- 
vided for  in  section  eleven. 

The  first  superintendent  of  parks  shall  be  selected  from  the 
persons  acting  as  superintendents  of  the  three  park  districts  at 
the  time  this  Charter  goes  into  effect;  provided,  that  the  board 
of  Civil  Service  Commissioners  shall  only  certify  to  the  Coun- 
cil the  names  of  such  superintendents  as  shall  have  passed  a 
proper  civil  service  examination  covering  the  duties  of  park  su- 
perintendent. 

Section  11. — Selecting  Appointees. — In  making  an  appoint- 
ment from  an  eligible  list  the  commissioner  of  the  department 
in  which  the  appointment  is  to  be  made,  by  and  with  the 
consent  of  the  Council,  shall  designate  a person  from  among 
the  three  highest  in  percentage,  and  such  appointment  shall 
not  become  final  until  the  apointee  shall  have  served  for  six 
months,  during  which  period  the  appointment  shall  be  proba- 
tionary. If  the  appointee  is  not  then  rejected,  the  appoint- 
ment shall  become  permanent.  The  time  of  service  of  extra 
or  supply  men  shall  not  be  counted  as  any  part  of  the  probation- 
ary period  herein  provided  for. 


Section  12. — Classified  Lists. — In  the  classified  civil  service 


THE  CHARTER  OF  PUEBLO 


27 


the  police  department  in  the  following  order  of  rank  shall  be 
included,  to-wit: 

Chief  of  Police,  Captains,  Sergeants  (including  detective 
sergeants),  Patrolmen  (including  jailers  and  chauffeurs).  . 

The  fire  department  in  the  following  order  of  rank,  to- 
wit:  Chief,  Assistant  Chief,  Captains,  Lieutenants,  Engineers 

and  assistants,  Firemen,  including  drivers,  plugmen  and  truck- 
men; the  city  electrician,  linemen. 

The  Park  Department  in  the  following  order  of  rank:  Su- 
perintendent, Foreman,  Animal  Keepers,  Gardeners,  Foresters, 
Agriculturists  and  Park  Police. 

The  Engineering  Department,  except  the  City  Engineer. 

The  City  Physician  and  Inspectors  in  the  Health  Depart- 
ment, the  entire  water  works  department,  except  day  laborers, 
and  the  clerical  force  of  all  departments,  in  so  far  as  found 
practicable  by  the  Civil  Service  Commission. 

The  Council  from  time  to  time  may  include  other  depart- 
ments and  divisions  of  service  in  the  classified  civil  service,  and 
after  being  once  included  therein  shall  always  remain  in  the 
classified  civil  service. 

Section  13 — City  Controller. — The  board  of  Civil  Service 
Commissioners,  by  a majority  vote  of  all  the  members  thereof, 
shall  appoint  a City  Controller.  He  may  be  removed  for  in- 
competence or  misfeasance  in  office  by  a unanimous  vote  of*  the 
Civil  Service  Commission. 


ARTICLE  VIII. 

THE  JUDICIAL  DEPARTMENT 
Section  1. — A Municipal  Court. — There  is  hereby  created 
a Municipal  Court  vested  with  exclusive  original  jurisdiction 
of  all  causes  arising  under  the  charter  and  ordinances  of  Pu- 
eblo, for  violations  thereof.  The  judge  of  the  Municipal  Court 
shall  be  an  attorney  at  law  admitted  in  Colorado.  Sessions 
of  said  court  shall  be  held  daily,  except  Sundays  and  legal 
holidays.  There  shall  be  no  change  of  venue  therefrom.  In 
case  of  temporary  absence,  sickness  or  other  inability  of  the 
judge  of  the  Municipal  court  to  act  the  Commissioner  of  Pub- 
lic Safety  shall  appoint  a competent  person  to  act  in  his  place 
until  such  disability  is  removed. 


28 


THE  CHARTER  OF  PUEBLO 


Section  2. — Judgments  and  Procedure. — No  fine,  penalty, 
forfeiture  or  imprisonment  imposed  by  the  Municipal  court 
shall  exceed  three  hundred  dollars  or  ninety  days  in  jail  for 
any  one  offense.  The  defendant  shall  stand  committed  to  the 
city  jail  until  same  is  satisfied  in  full.  The  Municipal  court 
shall  have  authority  to  make  and  enter  an  order  committing  any 
defendant  upon  whom  any  fine,  penalty,  forfeiture  or  impris- 
onment  has  been  imposed  on  appeal,  to  the  city  jail  until  same 
is  satisfied  in  full,  upon  a certified  copy  thereof  being  filed 
therein.  Any  person  committed  to  the  city  jail  shall  work  for 
the  city,  within  or  without  such  jail,  not  exceeding  eight  hours 
each  day  and  shall  be  allowed  therefor,  exclusive  of  board,  on 
account  of  any  fine,  penalty  or  forfeiture  imposed,  the  sum  of 
two  dollars  per  day.  No  court  or  officers  costs  shall  be  taxed 
and  no  witness  fees  allowed  in  the  Municipal  court. 

Section  3. — Actions,  How  Begun. — All  actions  in  the  Muni- 
cipal court  shall  be  in  the  corporate  name  of  the  city  as  plain- 
tiff. It  shall  be  sufficient  in  a complaint  for  the  violation 
of  any  provision  of  this  charter  or  of  any  ordinance  to  state 
the  number  of  the  section  and  article  of  the  charter  violated, 
or  the  number  of  the  section  and  the  title,  number  and  date 
of  passage  of  the  ordinance  violated,  and  briefly  the  offense 
committed.  Upon  a complaint  being  filed  in  the  Municipal 
court  the  judge  shall  issue  a summons  or  a warrant,  for  the 
defendant.  All  process  shall  run  in  the  name  of  the  people 
of  the  state  of  Colorado  and  shall  be  signed  and  attested  by 
the  judge  of  the  Municipal  court  and  may  be  served  by  any 
police  officer  of  the  city  by  arresting  the  defendant  when  a war- 
rant has  been  issued  and  bringing  him  into  the  Municipal 
court  for  trial;  cr  by  summoning  the  defendant  into  court, 
when  a summons  has  been  issued.  All  police  officers  of  the 
city  shall  have  authority  and  it  shall  be  their  duty  to  arrest, 
without  warrant,  all  persons  whom  they  see  violating  any 
provision  of  this  charter  or  any  city  ordinance  and  to  con- 
duct them  without  unnecessary  delay,  before  the  Municipal 
court.  The  judge  of  the  Municipal  court  and  the  commissioner 
of  public  safety  may  admit  defendants  to  bail  pending  trial. 

Section  4. — Judgments,  How  Satisfied. — The  judge  of  the 
Municipal  court  shall  not  impose  any  fine,  penalty,  forfeiture 
or  imprisonment  upon  any  person,  firm  or  corporation  for  the 
violation  of  any  provision  of  this  charter  or  of  any  ordinance, 
upon  default,  plea  of  guilty,  or  trial  without  the  case  being 
called  in  open  court  and  proof  of  the  offense  charged  being  sub- 


THE  CHARTER  OF  PUEBLO 


29 


mitted,  and  no  fine,  penalty  or  forfeiture  imposed  in  the 
Municipal  court  shall  be  paid  to  the  judge  or  to  any  detective, 
policeman,  officer  or  employee  of  the  city  other  than  the  city 
treasurer  or  his  clerk  at  the  office  of  the  city  treas- 
urer and  not  elsewhere.  The  judge  of  the  Municipal  court 
shall  keep  a permanent  book  in  which  all  cases  filed  in  his 
court  shall  be  recorded  and  indexed  and  in  which  shall  be  en- 
tered the  disposition  of  every  case.  This  book  shall  be  a 
public  record  open  to  inspection  of  any  citizen  at  reasonable 
hours.  After  the  close  of  each  session  of  the  Municipal  court 
the  judge  thereof  shall  file  with  the  city  treasurer  a state- 
ment of  all  fines,  penalties,  forfeitures  and  imprisonments  im- 
posed by  him.  It  shall  be  the  duty  of  the  council  to  remove 
any  officer  or  employe  of  the  city  for  a violation  of  this  sec- 
tion. 

Section  5. — Rules. — The  judge  of  the  Municipal  court  shall 
have  authority  to  make  and  adopt  rules  and  regulations  for 
the  conduct  of  the  business  of  the  court;  and  shall  have  all 
powers  incident  to  a court  of  record  in  compelling  the  attend- 
ance of  witnesses,  and  in  punishing  contempts,  and  in  enforc- 
ing all  orders  of  the  court;  provided,  however,  that  no  impris- 
onment for  contempt  shall  exceed  five  days,  and  no  fine  for 
such  cause  shall  exceed  one  hundred  dollars. 

Section  6. — Appeals. — Appeals  may  be  taken  from  all  judg- 
ments of  the  Municipal  court  to  the  County  Court  of  Pueblo 
County,  where  the  case  shall  be  tried  de  novo,  but  no  appeal 
shall  be  allowed  unless  the  party  appealing  shall  within  five 
days  execute  a bond  to  the  city  in  double  the  amount  of  the 
judgment,  with  good  surety  to  be  approved  by  the  judge  of 
the  Municipal  court,  conditioned  that  if  the  appeal  is  dis- 
missed or  judgment  rendered  against  him  in  the  court  to  which 
appeal  is  taken,  he  will  pay  such  judgment  or  surrender  him- 
self to  the  city  in  satisfaction  thereof;  and  shall,  within  ten 
days  from  the  rendition  of  the  judgment  in  the  Municipal 
court,  pay  to  the  County  Court  the  fee  required  by  the  rules 
of  said  court  for  docketing  said  cause.  Upon  the  execution  of 
such  bond  and  payment  of  such  costs,  the  judgment  of  the 
Municipal  court  shall  be  superseded,  and  the  original  papers, 
together  with  a transcript  of  the  record,  shall  be  certified.  b> 
the  judge  of  the  Municipal  court  to  the  court  to  which  the 
appeal  is  taken.  Action  may  be  maintained  upon  such  ap- 
peal bond  in  the  name  of  the  city  for  the  amount  of  the  judg- 
ment and  costs  of  the  appeilate  court  or  of  the  Municipal 
court  if  the  appeal  is  dismissed. 


30 


THE  CHARTER  OF  PUEBLO 


ARTICLE  IX. 

FINANCE  AND  TAXATION 

Section  1. — Fiscal  Year. — The*  fiscal  year  shall  commence 
at  noon  on  the  first  day  of  each  January. 

Section  2. — Tax  Levy,  How  Made. — The  council  shall  have 
power  to  levy  by  ordinance  an  annual  tax  upon  all  of  the  tax- 
able property  within  the  limits  of  Pueblo  and  upon  all  of  the 
taxable  property  of  the  several  parts,  water  districts  and 
park  districts  thereof  to  provide  funds  for  the  general  expenses 
of  the  city  and  for  the  payment  of  interest  on  the  outstand- 
ing debts  of  the  city  and  of  the  several  parts,  water  districts 
and  park  districts  thereof  and  for  the  payment  of  the  prin- 
cipal of  such  debts  or  for  the  creation  of  sinking  funds  for  the 
purpose  of  making  such  payments;  provided,  that  all  taxes 
levied  shall  be  levied  in  the  manner  following,  and  not  other- 
wise : 

a.  — On  and  after  January  1,  1914,  a tax  of  not  less  than 

one-quarter  of  one  mill  and  not  more  than  one  mill  shall  be 

levied  upon  all  taxable  personal  property  within  the  limits  of 
the  city  and  upon  all  the  taxable  personal  property  within  the 
several  parts,  water  districts  and  park  districts  thereof. 

b.  — Real  estate  improvements  and  all  improvements  in 

or  upon  land  shall,  on  and  after  January  1,  1914,  be  exempt 
from  all  taxation  for  municipal  purposes  to  the  extent  of 
fifty  per  cent  or  one  half  of  its  present  assessed  value;  and 
all  such  property  shall,  on  and  after  January  1,  1915,  be  ex- 
empt from  all  taxation  for  municipal  purposes  to  the  extent 

of  ninety-nine  per  cent  of  its  value. 

c.  — Land,  exclusive  of  all  improvements  in  or  upon  it; 
and  the  Franchises  of  all  Public  Service  Corporations,  and 
all  other  rights  of  way  and  Franchises  in  the  public  streets 
and  alleys  shall  never  be  exempt  from  taxation  for  municipal 
purposes. 

d.  — Nothing  in  this  amendment  shall  be  construed  to  abol- 
ish or  to  reduce,  or  in  any  way  to  effect  the  taxes  and  licenses 
levied  upon  saloons,  or  dealers  in,  or  dispensers  of  liquors, 
as  such,  nor  shall  anything  herein  be  construed  to  affect  the 
collection  of  taxes  heretofore  levied  and  now  unpaid. 

e.  — Nothing  in  this  amendment  shall  be  construed  as  im- 
posing a tax  upon  property  used  exclusively  for  purely  educa- 


THE  CHARTER  OF  PUEBLO 


31 


tional  or  religious  purposes,  or  upon  such  other  property  as 
may  now  by  law  be  exempt  from  taxation. 

f. — Anything  in  the  Charter  of  Pueblo  in  conflict  with,  or 
inconsistent  with  the  provisions  of  this  amendment,  is  hereby 
repealed. 

NOTE. — (This  is  an  amended  section.  Adopted  November 
4,  1913.) 

Section  3. — Tax  Levy,  When  Made. — The  ordinance  mak- 
ing the  tax  levy  shall  be  introduced  in  the  council  on  or  be- 
fore the  first  Monday  of  October  of  each  year,  and  shall  be 
finally  passed  by  the  council  on  or  before  the  first  Monday 
of  November  of  each  year;  provided  that  the  tax  ley  for  the 
year  1911  may  be  made  by  resolution.  The  present  city  council 
of  Pueblo  shall  not  make  or  certify  a tax  levy  for  the  year  1911, 
but  such  levy  shall  be  made  and  certified  by  the  council  to 
be  elected  under  the  provisions  of  this  charter.  The  levy  so 
made  shall  be  for  the  purpose  of  defraying  the  necessary  ex- 
penses of  the  city  for  the  next  fiscal  year.  Such  ordinance 
shall  be  published  once  after  final  passage  and  shall  be  in 
force  and  effect  immediately  after  said  publication. 

Section  4. — Tax  Levy,  How  Certified. — After  the  publica- 
tion of  the  annual  tax  levy  ordinance  the  City  Clerk  shall  at 
once  prepare  and  deliver  a certified  copy  thereof  to  the  County 
Assessor  of  Pueblo  County  who  shall  cause  said  tax  levy  to 
be  entered  upon  the  tax  list  and  assessment  rolls  in  his  of- 
fice and  shall  include  such  taxes  in  his  warrant  to  the  County 
Treasurer.  Said  taxes  for  city  purposes  shall  be  levied,  as- 
sessed and  collected  in  the  same  manner  as  shall  be  provided 
by  law  for  the  . levy,  assessment  and  collection  of  other  taxes 
except  in  so  far  as  may  be  otherwise  provided  in  this  charter. 

Section  5. — Failure  to  Make  Levy. — If  the  council  fail  in 
any  year  to  make  the  tax  levy  as  above  provided  then  the  rate 
fixed  for  the  preceding  year  shall  be  the  rate  fixed  for  the 
ensuing  year  and  the  County  Assessor  and  County  Treasurer 
shall  proceed  in  all  respects  in  the  same  manner  as  /if  an  or- 
dinance had  been  duly  passed  and  certified  fixing  such  rate. 

Section  6. — Annual  Appropriation. — The  council  shall  on 
or  before  the  31st  day  of  December  pass  an  ordinance  to  be 
termed  ‘‘Annual  Appropriation  Ordinance’’  and  in  such  ordi- 
nance the  council  shall  appropriate  such  sum  or  sums  of  money 
as  may  be  deemed  necessary  to  defray  all  necessary  expenses 


32 


THE  CHARTER  OF  PUEBLO 


and  liabilities  of  every  kind  and  character  to  be  paid  for  or 
incurred  during  the  next  fiscal  year  and  such  ordinance  shall 
classify  and  specify  the  objects  and  purposes  for  which  such 
appropriations  are  made.  The  several  sums  appropriated  for 
each  department  of  the  city  and  for  each  object  or  purpose 
shall  be  separately  set  forth.  No  further  appropriation  shall 
be  made  at  any  time  for  the  expenses  of  such  fiscal  year  No 
appropriation  made  for  one  object  or  purpose,  nor  the  funds 
set  apart  for  such  object  or  purpose  by  such  appropriation 
ordinance  shall  be  changed  or  transferred  to  any  other  object, 
purpose  or  fund.  All  moneys  appropriated  by  such  ordinance 
which  shall  not  have  been  used  or  expended  for  the  purpose 
or  object  for  which  appropriated  and  all  moneys  collected  but 
not  appropriated  shall  be  transferred  at  the  end  of  such  fiscal 
year  to  .a  Special  Redemption  fund  and  used  solely  for  the 
payment  of  the  principal  of  the  outstanding  indebtedness  of 
the  city. 

The  appropriation  for  the  fiscal  year  of  1912  may  be  made 
by  resolution.  The  city  council  in  office  at  the  time  of  the 
adoption  of  this  charter  shall  not  have  power  to  pass  or  adopt 
an  ordinance  or  resolution  fixing  the  appropriations  for  the 
year  1912,  but  such  appropriations  shall  be  made  by  the  coun- 
cil to  be  elected  under  the  provisions  of  this  charter. 

The  total  amount  appropriated  in  any  appropriation  or- 
dinance shall  not  exceed  the  probable  revenue  which  will  be 
collected  and  applicable  to  the  payment  of  expenses  of  the 
ensuing  fiscal  year.  The  total  estimated  revenue  for  such 
period  shall  be  set  forth  in  the  appropriation  ordinance  with 
the  several  sources  thereof.  In  estimating  the  total  revenue 
the  council  shall  not  include  a greater  sum  to  be  derived  from 
other  sources  besides  taxation  than  90  per  cent,  of  the  amount 
actually  received  from  other  sources  during  the  current  fiscal 
year  and  shall  not  include  more  than  95  per  cent  of  the  total 
amount  which  the  city  would  receive  if  the  full  amount  levied 
by  the  tax  levy  ordinance  were  collected  upon  the  total  as- 
sessed value  of  the  taxable  property  within  the  city. 

Section  7. — Outlays  Not  Exceed  Appropriation. — Neither 
the  council  nor  any  officer  or  employe  of  the  city  shall  add 
to  the  city  expenditures  for  any  purpose  during  any  fiscal 
year  anything  over  and  above  the  amount  provided  for  such 
purpose  in  the  annual  appropriation  ordinance;  provided  that 
the  council  may  in  the  event  of  damage  or  danger  from  fire, 
flood  or  pestilence  which  could  not  have  been  anticipated  at 


THE  CHARTER  OF  PUEBLO 


33 


the  time  of  making  the  annual  appropriations  make  such 
emergency  expenditures  as  shall  be  rendered  necessary  by 
reason  thereof,  but  no  such  expenditure  shall  be  made  unless 
authorized  by  a vote  of  at  least  four  members  of  the  council, 
nor  until  a certificate  shall  be  filed  with  the  city  clerk  by  at 
least  two  members  of  the  civil  service  commission,  certifying 
to  the  existence  and  character  of  such  emergency  and  speci- 
fying the  amount  to  be  expended,  and  such  expenditure  shall 
not  exceed  the  amount  so  specified.  A special  appropriation 
shall  be  included  in  the  next  annual  appropriation  ordinance  for 
the  payment  of  all  the  expenses  so  incurred.  No  expendi- 
ture shall  exceed  and  no  contract  shall  bind  the  city  in  excess 
of  the  amount  appropriated  for  such  purpose  during  the  fiscal 
year  in  which  such  expenditure  is  ma^de  or  such  contract 
entered  into,  except  as  otherwise  provided  in  this  charter. 
The  making  of  any  contract  requiring  ian  expenditure  by  the 
city  shall  from  the  date  of  its  execution  be  considered  an  ex- 
penditure of  the  sum  required  to  be  paid  thereunder,  and  so 
much  of  said  appropriation  as  may  be  required  under  such  con- 
tract shall  be  held  and  retained  therein  until  payment  shall  be- 
come due  under  such  contract. 

Any  officer  or  employe  of  the  city  authorizing  the  ex- 
penditure or  executing  any  contract  involving  the  expenditure 
of  any  sum  for  any  purpose  in  excess  of  the  sum  provided  for 
such  purpose  in  the  annual  appropriation  ordinance,  or  sign- 
ing, countersigning,  issuing,  paying  or  redeeming  any  war- 
rant, bond  or  contract  for  any  expenditure  in  excess  of  the 
amount  appropriated  in  the  appropriation  ordinance  shall  be 
personally  liable  to  the  city  for  such  sum,  and  such  liability 
shall  extend  to  the  sureties  on  his  official  bond. 

Section  8. — Contracts  Limited. — No  contract  for  light, 
water,  heat,  power  or  for  services  of  any  kind  to  be  rendered 
or  supplies  to  be  furnished  to  the  city  or  to  any. officer,  em- 
ploye, or  department  of  the  city,  and  no  contract  of  any 
kind  or  character,  except  bonds  or  franchises  or  contracts 
for  the  construction  or  acquisition  of  public  buildings  or 
works  which  have  been  authorized  by  a vote  of  the  electors 
of  the  city  as  provided  by  this  charter,  shall  be  made  or  en- 
tered into  by  or  on  behalf  of  the  city  which  is  not  by  its 
terms  to  be  fully  performed  within  three  months  after  the 
January  first  following  the  next  general  city  election. 

Section  9. — Warrants,  How  Issued. — The  treasurer  shall 
keep  a separate  account  of  each  fund  or  appropriation.  Every 


34 


THE  CHARTER  OF  PUEBLO 


warrant  issued  shall  designate  the  fund  or  appropriation  upon 
which  it  is  drawn,  and  the  fiscal  year  for  which  such  fund 
or  appropriation  is  created  and  such  warrant  shall  be  payable 
only  out  of  that  fund  or  appropriation.  Every  warrant  before 
being  issued  shall  be  registered  with  the  treasurer  who  shall 
keep  a record  of  the  date,  number  and  amount  of  such  war- 
rant and  charge  the  same  against  the  fund  upon  which  it  is 
drawn.  No  warrant  shall  be  signed  or  issued  for  an  amount 
in  excess  of  the  balance  remaining  to  the  credit  of  the  fund 
upon  which  it  is  drawn  and  any  such  warrant  signed  or  issued 
in  violation  of  this  provision  shall  be  void.  Any  officer  who 
shall  sign,  countersign,  issue,  or  pay  any  warrant  for  an 
amount  in  excess  of  the  balance  remaining  to  the  credit  of 
the  fund  upon  which  it  is  drawn  shall  be  liable  to  the  city 
for  the  amount  of  such  warrant  with  interest  at  six  per  cent 
per  annum  from  the  date  of  such  warrant. 

Section  10. — Accounts  Separate. — The  appropriations  for 
each  fiscal  year  shall  be  kept  separate  and  apart  from  the 
appropriations  for  the  same  or  other  purposes  of  other  years. 
No  warrant  drawn  upon  any  fund  shall  be  paid  out  of  the  ap- 
propriation for  a similar  purpose  for  a year  other  than  that 
for  which  it  was  drawn. 

Section  11. — Indebtedness  Limited. — The  indebtedness  of 
the  city  shall  be  incurred  and  limited  as  provided  in  Article 
XI  of  the  constitution  of  the  State  of  Colorado. 

Section  12. — Interest. — Interest  accruing  ou  all  valid  war- 
rants issued  by  Pueblo,  prior  to  January  1.  A.  D.  1912,  shall 
be  paid  semi-annually  on  the  first  days  of  April  and  October 
of  each  year. 

Section  13. — Refunding. — The  several  park  and  water  dis- 
tricts contained  within  the  limits  of  Pueblo  shall  have  power 
to  refund  their  outstanding  bonded  debts.  The  council  shall 
have  power  to  prescribe  by  ordinance  the  manner  of  issuing 
such  refunding  bonds,  and  to  submit  the  question  of  issuing 
such  bonds  at  either  general  or  special  elections;  provided, 
that  no  such  refunding  bonds  shall  be  issued  until  they  shall 
have  been  authorized  by  a vote  of  a majority  of  the  quali- 
fied tax  paying  electors  of  such  district  voting  thereon  at  such 
election.  In  submitting  such  question  the  amount  of  such 
bonds  to  be  issued,  the  rate  of  interest  to  be  paid,  and  the 
term  for  which  such  bonds  are  to  run,  shall  be  specified,  and 
also  a minimum  price,  below  which  such  bonds  shall  not 
be  sold. 


THE  CHARTER  OF  PUEBLO 


35 


ARTICLE  X. 

FRANCHISES  AND  PUBLIC  UTILITIES 

Section  1. — Franchise  Granted  Upon  Vote. — No  franchise 
shall  be  granted  except  upon  the  vote  of  the  qualified  tax- 
paying  electors  and  the  question  of  its  being  granted  shall  be 
submitted  to  such  vote  by  ordinance  upon  deposit  with  the 
treasurer  of  the  expense  (to  be  determined  by  the  treasurer) 
of  such  submission  by  the  applicant  for  said  franchise.  No 
exclusive  franchise  shall  ever  be  granted. 

Section  2. — Specify  Streets. — All  franchises  hereafter 

granted  to  street  or  other  railroads,  and  to  transportation  sys- 
tems, shall  plainly  specify  the  particular  streets,  alleys,  ave- 
nues and  other  public  property,  or  parts  thereof,  to  which 
they  shall  apply.  All  other  franchises  may  be  in  general 
terms  and  apply  to  the  city  generally. 

Section  3. — Regulate  Rates  and  Fares. — The  council  shall 
have  power  by  ordinance  to  fix  and  regulate  rates,  fares  and 
charges  by  public  utility  corporations  and  to  change  the  same 
every  five  years;  provided  that  rates,  fares  or  charges  shall 
not  be  changed  without  examination  by  competent  inspectors 
and  the  council  shall  have  power  to  inspect  the  books  and 
affairs  of  any  public  utility  corporation  as  a part  of  such 
examination.  The  right  to  regulate  shall  include  the  right  to 
require  uniform,  convenient  and  adequate  service  to  the  pub- 
lic, reasonable  extensions  of  such  service  and  of  such  public 
utility  works  and  the  issuance  of  transfers  without  extra 
charge  by  all  street  railway  companies  good  upon  the  lines 
of  all  other  street  railway  companies  crossing  or  connecting 
with  the  lines  of  said  companies. 

Section  4. — License  Tax. — The  council  shall  have  power 
to  license  the  business  in  Pueblo  of  life  and  fire  insurance 
companies;  to  license  street  cars,  telephones,  slot  telephones, 
gas  meters,  electric  meters,  water  meters  and  other  similar 
devices  for  measuring  service,  operated  in  Pueblo;  and  tele- 
phone, telegraph,  electric  light  and  power  poles,  subways  and 
wires  operated  in  Pueblo.  The  said  license  shall  be  in  ad- 
dition to  all  other  lawful  taxes  upon  the  property  of  the  hold- 
ers thereof. 

Section  5. — Especial  Privileges. — Every  franchise  for  a 
street,  suburban  or  interburban  railroad  shall  provide  that  all 
policemen  and  firemen  in  uniform  shall  be  allowed  to  ride 


36 


THE  CHARTER  OF  PUEBLO 


on  the  cars  in  the  city  without  paying  therefor,  with  all  the 
rights  of  other  passengers. 

Section  6. — Elevate  or  Lower  Tracks,  Etc. — The  council 
shall  have  power  by  ordinance  when  necessary,  to  require  any 
railroad  company,  at  its  own  expense,  to  elevate  or  lower  any 
of  its  tracks  running  over,  along  or  across  any  street,  avenue 
or  alley  of  the  city,  and  to  require  any  railroad  company  or 
companies,  at  its  or  their  own  expense,  to  construct  bridges 
or  viaducts,  with  proper  approaches  and  other  conveniences 
thereto,  upon  any  street,  avenue  or  alley  of  the  city  and  over 
and  across  its  or  their  track  or  tracks. 

Section  7. — Provide  for  Safety,  Etc. — Every  franchise  shall 
be  subject  to  the  right  of  the  council  to  make  police  and  all 
necessary  regulations  for  the  safety,  • welfare'  and  accommo- 
dation of  the  public. 

Street  and  other  railroad  franchises  shall  be  subject  to 
the  right  of  the  council  to  construct  sewer,  water  and  gas 
mains  and  pipes  and  wire  conduits  under  and  along  their  tracks. 

The  council  shall  have  power  to  require  overhead  wires  to 
be  placed  underground. 

Section  8. — Revocable  Licenses. — The  council  shall  have 
power  by  ordinance  to  grant  a license,  revocable  for  good  cause 
shown,  to  any  railroad  companj’-,  manufacturer  or  merchant, 
to  lay  side  tracks  and  switches  along  or  across  any  street,  ave- 
nue or  alley  in  the  city,  when  the  application  therefor  is 
accompanied  by  the  assent  in  writing  of  the  owners  of  two- 
thirds  of  the  frontage  on  each  side  of  any  street,  avenue  or 
alley,  or  parts  thereof,  on  which  it  is  desired  to  lay  same. 

Section  9. — Common  Use. — Every  franchise  granted  to  a 
street  railway  company  shall  provide  that  the  tracks  of  said 
company  constructed  thereunder  shall  be  subject  to  common 
use  by  an  interurban  electric  railway  company  desiring  to  come 
into  the  city,  its  grantee  or  assignee,  whenever  it  shall  be  nec- 
essary therefor,  upon  payment  of  such  proper  compensation  as 
may  be  agreed  upon  between  the  parties  or  upon  their  failure 
to  so  agree,  as  may  be  fixd  by  a court  of  competent  jurisdic- 
tion. 


Section  10. — Books  of  Record. — The  council  shall  cause  to 
be  kept  in  the  office  of  the  city  clerk  an  indexed  Franchise 
Record,  in  which  shall  be  transcribed  copies  of  all  public 


THE  CHARTER  OF  PUEBLO 


37 


utility  franchises  heretofore  or  hereafter  granted.  The  index 
shall  give  the  name  of  the  grantee  and  his  assignees.  The 
Record  shall  be  a complete  history  of  all  such  franchises  and 
shall  include  a comprehensive  and  convenient  reference  to 
all  actions  at  law  affecting  the  same,  and  copies  of  all  an- 
nual and  inspection  reports  and  such  other  matters  of  infor- 
mation and  public  interest  as  the  council  may  from  time  to 
time  acquire. 

Section  11. — Term-Compensation -Restriction. — Noi  franchise 
shall  be  granted  for  a longer  period  than  twenty-five  years 
nor  without  reserving  to  the  city  such  fair  percentage  of  the 
gross  receipts  arising  from  the  use  thereof  as  shall  be  fixed 
in  the  grant  of  said  franchise.  This  compensation  shall  not 
exempt  the  grantee,  or  his  or  its  assignees,  from  any  lawful 
taxation  upon  his  or  its  property,  but  shall  exempt  the  grantee 
or  his  or  its  assigns  from  the  payment  of  any  licenses,  charges 
or  any  other  impositions  levied  by  the  city.  The  percentage 
of  gross  receipts  shall  be  paid  annually  and  a failure  to  pay 
such  percentage  shall  work  a forfeiture  of  the  franchise. 

Section  12. — Revocable  Permits. — The  council  shall  have 
power  to  grant  permits  in  or  upon  any  street,  avenue,  alley 
or  public  place  for  temporary  purposes;  provided,  such  per- 
mits may  be  revoked  by  the  council  at  its  pleasure. 

Section  13. — Extensions  and  Enlargements. — All  extensions 
or  enlargements  of  an  existing  franchise  shall  provide  that 
all  of  the  terms  and  conditions  of  this  charter  shall  apply  to 
and  become  a part  of  the  original  franchise.  No  such  exten- 
sion or  enlargement  shall  extend  beyond  the  life  of  the  orig- 
inal franchise  or  become  effective  until  the  owner  or  holder 
of  the  original  franchise  shall  sign  and  file  with  the  city  clerk 
an  acceptance  of  the  same  subject  to  the  conditions  of  this 
charter. 

Section  14. — Definition. — The  term  public  utility  or  public 
utility  corporation,  when  used  in  this  charter  shall  mean  any 
person,  firm,  or  corporation  operating  gas  or  electric  light 
works,  telephone  or  telegraph  systems,  water  or  heating  plants, 
or  underground,  surface  or  elevated  street  railways,  and  serv- 
ing or  supply  the  public  for  hire;  and  shall  not  include  any 
person,  firm  or  corporation,  owning  or  operating  side  tracks 
or  switches  for  the  accommodation  of  manufacturing  plants 
and  business  houses,  or  private  telephone  lines. 


38 


THE  CHARTER  OF  PUEBLO 


ARTICLE  XI. 

RECALL  OF  ELECTIVE  OFFICERS 

Section  1. — Petition  for  Recall. — Any  elective  officer  may 
be  recalled  by  the  qualified  electors  of  Pueblo.  The  procedure 
to  effect  such  removal  shall  be  as  follows: 

A petition  signed  by  qualified  registered  electors,  equal  in 
number  to  at  least  forty  per  centum  of  the  vote  cast  for  the 
officer  sought  to  be  removed,  demanding  an  election  for  the  re- 
call of  such  incumbent  and  for  the  election  of  his  successor 
shall  be  addressed  to  the  council  and  filed  with  the  city  clerk. 
The  petition  shall  contain  a specific  statement  in  not  more 
than  five  hundred  words  of  the  grounds  upon  which  removal  is 
sought.  The  signatures  to  the  petition  need  not  all  be  ap- 
pended to  one  paper,  but  every  signer  shall  add  to  his  signa- 
ture his  place  of  residence,  naming  the  street  and  number.  One 
of  the  signers  of  each  such  paper  shall  make  affidavit  before 
an  officer  competent  to  administer  oaths,  that  the  statements 
made  therein  are  true,  and  that  each  signature  appended  to  the 
paper  is  the  genuine  signature  of  the  person  whose  name  it 
purports  to  be.  Said  affidavit  as  to  the  charges  may  be  on 
information  and  belief.  All  papers  composing  said  petition 
shall  be  filed  as  one  instrument  with  an  endorsement  thereon 
of  the  names  and  addresses  of  three  persons  designated  as 
filing  the  same;  provided,  that  before  any  petition  for  a recall 
is  circulated  an  affidavit  of  not  more  than  five  hundred  words 
shall  be  made  by  one  or  more  qualified  electors,  stating  the 
name  of  the  officer  sought  to  be  removed  and  the  grounds  upon 
which  the  removal  is  sought,  and  filed  with  the  city  clerk. 
Said  affidavit  may  be  on  information  and  belief.  The  officer 
sought  to  be  removed  may  file  with  the  city  clerk  an  affidavit 
of  not  rrTore  than  five  hundred  words  in  reply  or  by  way  of 
defense  to  said  charges.  The  council  shall  provide  blank  forms 
for  such  petitions. 

Section  2. — Filing  Petition. — Within  ten  days  from  the  fil- 
ing of  said  petition  the  city  clerk  shall  ascertain  whether  the 
petition  is  signed  by  the  requisite  number  of  qualified  reg- 
istered electors,  and  shall  attach  thereto  his  certificate  show- 
ing the  result  of  such  examination. 

If  the  petition  be  insufficient  he  shall  forthwith  in  writing 
notify  one  or  more  of  the  persons  designated  on  the  petition  as 
filing  the  same.  The  petition  then  may  be  amended  within  ten 
days  from  the  filing  of  the  certificate.  The  city  clerk,  within 


THE  CHARTER  OF  PUEBLO 


39 


five  days  after  such  amendment,  shall  make  like  examination 
of  the  amended  petition  and  attach  thereto  his  certicate  of 
the  result.  If  still  insufficient  he  shall  return  the  petition  to 
one  of  the  persons  designated  thereon  as  filing  it,  without  pre- 
judice to  the  filing  of  a new  petition  for  the  same  purpose. 

No  recall  petition  shall  be  filed  against  any  officer  until 
he  has  actually  held  his  ofifice  for  at  least  four  months. 

Section  3. — Calling  Election. — If  the  petition  or  amended 
petition  is  found  sufficient  the  city  clerk  shall  submit  the  same 
with  his  certificate  to  the  council  without  delay  and  the  coun- 
cil, if  the  officer  sought  to  be  removed  does  not  resign  within 
five  days  thereafter,  shall  order  an  election  to  be  held  on  a 
Tuesday,  fixed  by  it,  not  less  than  thirty  nor  more  than  forty 
days  from  the  date  of  the  city  clerk’s  certificate  that  a suffi- 
cient petition  is  filed;  provided,  that  if  any  city  election  is  to 
occur  within  sixty  days  from  the  date  of  the  city  clerk’s  certi- 
ficate, the  council  shall  postpone  the  holding  of  the  removal 
election  to  the  date  of  such  other  city  election;  provided  fur- 
ther, that  no  recall  election  shall  be  ordered  by  the  council  dur- 
ing the  period  of  ninety  days  immediately  preceding  the  expira* 
lion  of  the  term  of  office  of  the  officer  sought  to  be  removed. 

If  a vacancy  occur  in  said  office  after  a recall  election 
has  been  ordered  the  election  to  fill  the  vacancy  shall  never- 
theless proceed  as  in  this  article  provided. 

Section  4. — Form  of  Ballot. — The  ballot  used  at  a recall 
election  shall  be  in  form  substantially  as  follows: 


Shall  (insert  name  of  officer  sought  to  : 
be  recalled)  be  removed  from  the  office  of  : 
(insert  the  name  of  his  office)  by  recall.  :Yes 


No. 


The  electors  desiring  to  vote  for  the  recall  shall  place  a 
cross  (X)  in  ink  in  the  square  opposite  the  word  “yes”  and 
those  desiring  to  vote  against  the  recall  shall  place  a cross 
(X)  in  ink  in  the  square  opposite  the  word  “no.”  If  a 
majority  of  those  voting  on  the  question  of  recall  shall  vote 
“yes”  then  the  officer  sought  to  be  removed  shall  thereby 
be  recalled,  but  if  a majority  of  those  voting  on  the  question 


40 


THE  CHARTER  OF  PUEBLO 


shall  vote  “no”  then  the  officer  sought  to  be  removed  shall 
not  be  recalled. 

(Name  of  Candidates  to  Succeed)  followed  by  the  instruc- 
tions to  voters  given  in  Section  5 of  the  Article  on  Elections. 

Section  5. — Officer  Recalled. — If  the  officer  be  recalled 
the  candidate  for  succession  receiving  the  highest  number  of 
votes  at  said  election  as  provided  in  Article  XIII,  shall  be  de- 
clared elected  and  become  the  successor  of  the  officer  removed. 

The  incumbent  shall  continue  to  perform  the  duties  of 
h is  office  until  the  recall  election.  If  not  then  recalled  lie 
shall  continue  in  office  as  if  no  recall  election  had  been  held; 
but  if  at  said  ejection  he  is  recalled  he  shall  be  deemed  re- 
moved upon  the  qualification  of  his  successor,  who  shall  hold 
office  during  the  unexpired  term  subject  to  recall.  If  the 
successor  fails  to  qualify  within  thirty  days  from  the  com- 
mencement of  his  term  the  incumbent  shall  thereupon  be 
deemed  removed  and  the  office  vacant. 

Section  6. — Nominations. — Any  one  desiring  to  become  a 
candidate  at  the  recall  election  to  succeed  the  officer  sought 
to  be  removed  may  do  so  by  petition  as  required  in  the  ar- 
ticle on  Elections;  provided,  he  must  have  at  least  one  hun- 
dred names  on  said  petition,  which,  if  presented  to  the  city 
clerk  at  least  twenty  days  before  said  election,  shall  entitle 
him  to  have  his  name  placed  on  the  ballot. 

The  officer  sought  to  be  recalled  shall  not  be  a candi- 
date to  succeed  himself. 

Section  7. — Disqualification. — No  person  who  has  been  re- 
called or  who  has  resigned  while  recall  proceedings  were  pend- 
ing against  him  shall  be  appointed  or  elected  to  any  office 
within  two  years  after  such  removal  or  resignation. 


ARTICLE  XII. 

INITIATIVE  AND  REFERENDUM 

Section  1. — The  Initiative. — Any  proposed  ordinance  may 
be  submitted  to  the  council  by  petition  signed  by  qualified  elec- 
tors of  the  city  equal  in  number  to  the  percentage  hereinafter 
required. 

Section  2. — Submission. — If  the  petition  accompanying  the 
proposed  ordinance  is  signed  by  qualified  electors  equal  in 


THE  CHARTER  OF  PUEBLO 


41 


number  to  fifteen  per  centum  of  the  total  vote  cast  at  the  last 
general  city  election,  and  requests  that  such  proposed  ordi- 
nance be  submitted  to  a vote  of  the  people,  the  council  shall, 
either 

Pass  said  ordinance  within  thirty  days  without  alterations, 
subject  to  the  referendum,  or 

Call  a special  election,  unless  a general  or  special  city 
election  is  to  occur  within  ninety  days  thereafter,  and  at  such 
special  or  general  election  submit  said  proposed  ordinance  to 
a vote  of  the  qualified  electors  of  the  city. 

If  the  petition  is  signed  by  qualified  electors  in  num- 
ber equal  to  at  least  five  per  centum  of  the  total  vote  cast 
at  the  last  general  city  election,  and  is  filed  with  the  city 
clerk  at  least  sixty  days  before  any  general  city  election,  the 
counpil  shall  pass  said  proposed  ordinance  without  alteration 
within  thirty  days,  or  shall  submit  same  to  a vote  of  the  quali- 
fied electors  at  the  next  general  city  election. 

An  initiated  ordinance  shall  be  published  in  like  manner 
as  other  proposed  ordinances.  The  ballot  upon  which  such 
proposed  ordinance  is  submitted  shall  state  briefly  its  nature 
and  shall  contain  the  words:  “For  the  Ordinance”  and  “Against 
the  Ordinance.”  If  a majority  of  the  qualified  electors 
voting  thereon,  shall  vote  in  favor  thereof,  the  same  shall 
thereupon  without  further  publication  become  an  ordinance 
of  the  city. 

Any  number  of  proposed  ordinances  may  be  submitted 
at  the  same  election.  Not  more  than  one  special  election  un- 
der this  article  shall  be  held  in  any  twelve  months.  Special 
elections  during  said  peoriod  held  under  other  articles  of  this 
charter  shall  not  be  counted. 

Section  3. — The  Referendum. — The  referendum  shall  apply 
to  all  ordinances  passed  by  the  council,  except  ordinances  mak- 
ing the  tax  levy,  the  annual  appropriation  or  ordering  improve- 
ments initiated  by  petition  and  to  be  paid  for  by  special  as- 
sessments. If  at  any  time  wdthin  thirty  days  after  the  final 
passage  of  any  ordinance  to  which  the  referendum  is  ap- 
plicable, a petition  signed  by  qualified  electors  equal  in  num- 
ber to  at  least  ten  per  centum  of  the  total  vote  cast  at 
the  last  general  city  election,  be  presented  to  the  council, 
protesting  against  the  going  into  effect  of  any  ordinance, 
the  same  shall  thereupon  be  suspended,  and  the  council  shall 


42 


THE  CHARTER  OF  PUEBLO 


reconsider  such  ordinance,  and  if  the  same  be  not  entire- 
ly repealed,  shall  submit  the  same  to  a vote  of  the  quali- 
fied electors  of  the  city,  in  manner  as  provided  in  respect 
to  the  Initiative,  at  the  next  general  city  election  or  at 
a special  election  called  therefor.  Such  ordinance  shall  then 
go  into  effect  if  a majority  of  the  qualified  electors  vot- 
ing thereon  vote  in  favor  thereof,  without  further  publica- 
tion. The  council,  of  its  own  motion,  shall  have  power  to 
submit,  at  a general  or  special  election,  any  proposed  or- 
dinance to  a vote  of  the  people,  in  manner  as  in  this  charter 
provided.  If  provisions  of  two  or  more  proposed  ordinances 
adopted  or  approved  at  the  same  election  conflict,  the  ordi- 
nance receiving  the  highest  affirmative  vote  shall  become  ef- 
fective. 

Section  4. — Procedure. — The  procedure  respecting  initiative 
and  referendum  petitions  shall  be  substantially  as  provided  in 
the  article  of  this  charter  on  recall,  with  such  modifications  as 
the  nature  of  the  case  requires,  except  that  no  blank  forms 
shall  be  furnished  or  preliminary  affidavits  required. 

Section  5. — Amendment. — An  ordinance  adopted  by  elec- 
toral vote,  under  either  the  initiative  or  referendum,  cannot 
be  repealed  or  amended  except  by  electoral  vote;  but  the  coun- 
cil shall  have  power  to  submit  a proposition  without  a petition 
therefor  for  the  repeal  or  amendment  of  any  such  ordinance. 

Section  6. — Further  Ordinances. — The  council  shall  have 
power  by  ordinance  to  make  further  regulations  for  carrying 
out  the  provisions  of  this  article. 

ARTICLE  XIII. 

ELECTIONS 

Section  1. — Elections. — A general  city  election  shall  be 
held  on  the  first  Tuesday  after  the  first  Monday  of  November, 
A.  D.  1911,  and  on  the  first  Tuesday  after  the  first  Monday  of 
November  of  every  second  year  thereafter. 

The  commissioners  first  elected  shall  take  office  on  the 
third  Monday  in  November,  A.  D.  1911.  The  three  commis- 
sioners first  found  to  be  elected  upon  canvassing  the  vote  and 
having  the  highest  majorities  shall  hold  office  until  January  1, 
A.  D.  1916;  and  the  other  two  until  January  1.  A.  D.  1914. 

The  member  of  the  Civil  Service  Commission  receiving  the 
highest  vote  shall  hold  his  office  until  January  1,  A.  D.  1918; 


THE  CHARTER  OF  PUEBLO 


43 


the  member  receiving  the  next  highest  vote,  until  January  1,  A. 
D.  1916;  and  the  third  highest  until  January  1,  A.  D.  1914. 

Section  2. — Nominations. — The  nomination  and  election  of 
all  officers  shall  be  as  follows  and  not  otherwise:  The  name 
of  a candidate  shall  be  placed  upon  the  ballot  when  a verified 
petition  shall  have  been  filed  in  his  behalf  in  manner  and  form 
and  under  the  conditions  following: 

State  of  Colorado,  ) 

' (ss. 

County  of  Pueblo.  ) 

I do  herein  join  in  a petition  for  the  nomination  of 

whose  occupation  is , whose 

residence  is  at  number street,  Pueblo,  for  the 

office  of  tOi  be  voted  for  at  the  city  elec- 

tion  to  be  held  in  Pueblo  on  the day  of 

A.  D.  19 ; and  I certify  that  I am  a qualified  elector  and 

that  I have  not  signed  more  certificates  than  there  are  places 
to  be  filled  in  the  above  named  office;  that  my  residence  is  at 
number  street,  Pueblo. 

I further  certify  that  I join  in  this  petition  for  the  nomi- 
nation of  the  above  named  person  believing  that  he  has  not 
become  a candidate,  directly  or  indirectly,  as  the  nominee  or 
representative  of  or  because  of  any  promised  support  from  any 
political  party. 

(Signed) , 

Subscribed  and  sworn  to  before  me  this day 

of A.  D.  19 


Notary  Public. 

This  certificate,  if  found  insufficient,  shall  be  returned  to 

at  number  , 

street,  Pueblo. 

Upon  application  the  clerk  shall  furnish  a reasonable  num- 
ber of  such  blank  certificates.  Each  certificate  shall  contain 
the  name  of  but  one  signer  and  of  but  one  candidate.  If  an 
elector  files  conflicting  certificates,  all  such  conflicting  cer- 
tificates shall  be  rejected.  A petition  of  not  less  than  one 
hundred  such  certificates  for  any  one  candidate  for  commis- 
sioner and  not  less  than  one  hundred  for  a member  of  the  civil 
service  commission  must  be  presented  to  the  city  clerk  not 
earlier  than  on  the  thirtieth  nor  later  than  on  the  twentieth 
day  before  election.  The  clerk  shall  indorse  thereon  the  date 
on  which  the  petition  was  presented  to  him. 


44 


THE  CHARTER  OF  PUEBLO 


When  a petition  is  presented  to  the  city  clerk  he  shall 
forthwith  examine  same  and  ascertain  whether  it  conforms 
to  the  provisions  of  this  article.  If  found  not  to  conform 
thereto,  he  shall  in  writing  designate  thereon  the  defect,  omis- 
sion or  reason  why  such  petition  cannot  be  filed,  and  shall 
forthwith  return  same  to  the  person  designated.  The  petition 
ma»y  then  be  amended  and  not  later  than  the  third  day  after 
said  peition  shall  have  been  mailed,  again  be  presented  to 
the  city  clerk,  as  in  the  first  instance.  The  city  clerk  shall 
forthwith  proceed  to  examine  the  amended  petition.  When 
either  the  original  or  the  amended  petition  is  found  sufficient 
as  herein  provided,  the  city  clerk  forthwith  shall  file  same. 


Section  3. — Acceptance. — Any  person  nominated  under  this 
article  shall  file  his  acceptance  with  the  city  clerk  within  five 
days  from  the  filing  of  the  petition  and  in  the  absence  of  such 
acceptance  the  name  of  the  candidate  shall  not  appear  on  the 
ballot.  In  said  acceptance  he  shall  make  affidavit  that  he  is 
not  a candidate,  directly  or  indirectly,  of  any  political  party  or 
because  of  promised  support,  directly  or  indirectly,  of  any  po- 
litical party  or  of  any  public  service  corporation  or  of  any  per- 
son, firm  or  corporation,  owning,  interested  in,  or  intending  to 
apply  for  any  franchise,  or  contract  with  the  city. 

Any  person  who  has  been  nominated,  may,  not  later  than 
fifteen  days  before  the  day  of  election,  withdraw  by  filing  with 
the  city  clerk  a request  therefor  in  writing,  and  no  name  so 
withdrawn  shall  be  placed  upon  the  ballot. 

Section  4. — Notices. — The  city  clerk,  on  the  tenth  day 
before  election,  shall  prepare  a list  of  the  candidates  whose 
names  are  entitled  to  appear  on  the  ballot,  with  the  office  to 
be  filled, and  shall  publish  the  same  in  a notice  of  the  election 
three  successive  days  before  the  election,  in  not  more  than  two 
daily  newspapers  of  the  city. 

Section  5. — Form  of  Ballot. — The  clerk  shall  cause  the  bal- 
lots to  be  printed,  bound,  numbered,  endorsed  and  authenti- 
cated, as  provided  by  state  law,  except  as  otherwise  required  in 
this  charter  or  by  the  ordinances  of  the  city.  When  the  num- 
ber of  candidates  is  more  than  three  times  the  number  of  places 
to  be  filled,  the  ballot  shall  contain  the  list  of  names  and  the 
respective  offices  as  published  in  the  election  notice  in  sub- 
stantially the  following  form. 


THE  CHARTER  OE  PUEBLO 


45 


General  (or  Special)  city  election,  Pueblo  (inserting  date 
thereof.) 

Instructions  to  voters. — To  vote  for  any  candidate  place  a 
cross  (X)  mark  with  ink  in  a blank  space  opposite  the  name  of 
the  candidate  for  whom  you  desire  to  vote.  If  you  wrongly 
mark,  tear  or  deface  this  ballot,  return  it  to  the  judges  of  elec- 
tion and  obtain  another. 

Do  not  vote  more  than  one  choice  for  any  candidate  as 
onl)r  one  choice  will  be  counted. 

EOR  COMMISSIONERS  (Five  or  the  proper  number  to 
be  elected.) 

Names  of  Candidates: 

First  Choice  Second  Choice  Third  Choice 
Vote  for  Vote  for  Vote  for 

(Proper  number)  (Proper  number)  (Proper  number) 


A A. 

1 

BB 

CC 

When  the  number  of  candidates  is  more  than  three  times 
the  number  of  places  to  be  filled  the  ballot  shall  contain  three 
columns  as  above,  headed  respectively,  First,  Second  and  Third 
Choice,  so  that  there  shall  be  three  blank  spaces  after  the  name 
of  each  candidate,  one  under  each  of  said  designations. 

When  the  number  of  candidates  is  more  than  twice  and  not 
more  than  three  times  the  number  of  places  to  be  filled  the  bal- 
lot shall  contain  first  and  second  choice  columns  only  and  when 
the  number  of  candidates  is  not  more  than  twice  the  number  of 
places  to  be  filled  only  one  column  for  marking  votes  shall  ap- 
pear. 

The  instructions  to  voters  shall  be  changed  to  correspond 
with  the  number  of  columns  for  choices  on  the  ballot. 

All  ballots  shall  be  of  the  same  size,  quality,  tint  of  paper, 
kind  of  type  and  color  of  ink.  Space  shall  be  provided  for 
charter  amendments  and  other  questions  to  be  voted  on  at  city 
elections.  The  names  of  candidates  shall  be  arranged  by  lot 
by  the  clerk,  on  twenty-four  hours  notice  by  mail  to  all  can- 


46 


THE  CHARTER  OF  PUEBLO 


didates.  Nothing  on  the  ballot  shall  indicate  the  source  or 
support  of  candidacy.  No  ballot  shall  have  printed  thereon 
any  party  or  political  designation  or  mark  and  there  shall  not 
be  appended  to  the  name  of  any  candidate  any  such  party 
or  political  designation  or  mark,  or  anything  indicating  his 
views  or  opinions. 

The  clerk  at  least  ten  days  before  election  shall  cause 
2000  sample  ballots  to  be  printed  upon  paper  of  different  color 
but  otherwise  identical  with  the  ballots  to  be  used  at  the  elec- 
tion and  shall  distribue  the  same  upon  application  to  regis- 
tered voters. 

Section  6. — Canvass  of  Returns. — (a)  As  soon  as  the  polls 
are  closed  the  judges  shall  count  and  enter  the  number  of  first, 
second  and  third  choice  votes  for  each  candidate  on  the  tally 
sheet  and  make  return  thereof  to  the  clerk,  as  provided  by  law. 

(b)  If  a ballot  contains  more  than  one  vote  for  the  same 
candidate,  only  the  vote  highest  in  rank  shall  be  counted.  If 
a ballot  contain  more  votes  under  any  choice  than  there  are 
places  to  be  filled,  no  vote  in  such  column  shall  be  counted. 

(c)  Candidates  receiving  a majority  of  first  choice  votes  for 
any  office  shall  be  elected.  If  the  full  number  of  candidates  to 
be  elected  do  not  receive  such  a majority  of  the  first  choice 
votes  for  such  office,  a canvass  shall  then  be  made  of  the  sec- 
ond choice  votes  received  by  those  candidates  for  said  office 
who  are  not  elected  by  first  choice  votes;  said  second  choice 
votes  shall  be  added  to  the  first  choice  votes  received  by  such 
candidates,  and  candidates  who  by  such  addition  shall  receive 
a majority  shall  be  elected. 

(d)  If  by  the  count  of  either  first  choice  votes  or  first  and 
second  choice  votes,  as  above  provided,  more  candidates  than 
there  are  places  to  be  filled  shall  receive  a majority,  the  candi- 
date or  candidates  equal  in  number  to  the  number  of  places  to 
be  filled  having  the  highest  vote  shall  be  elected. 

(e)  If  the  full  number  of  candidates  to  be  elected  do  not 
receive  a majority  by  adding  first  and  second  choice  votes,  as 
above  directed,  a canvass  shall  then  be  made  of  the  third  choice 
votes  received  by  those  candidates  for  said  office  who  are  not 
elected,  either  by  first  choice  votes  or  by  adding  first  and  sec- 
ond choice  votes.  Said  third  choice  votes  shall  then  be  added 
to  the  first  and  second  choice  votes  received  by  such  candidates, 
and  the  candidates,  equal  in  number  to  the  number  of  places 


THE  CHARTER  OF  PUEBLO 


47 


remaining  to  be  filled  who  received  the  highest  number'  of  votes 
by  said  addition  shall  be  elected. 

(f)  A tie  between  two  or  more  candidates  shall  be  decided 
in  favor  of  the  one  having  the  highest  number  of  first  choice 
votes.  If  they  are  ialso  equal  in  that  respect,  then  the  highest 
number  of  second  choice  votes  shall  determine  the  result.  If 
this  does  not  decide,  then  the  tie  shall  be  determined  by  lot. 

(g)  The  word  majority  when  used  in  this  charter  shall 
mean  more  than  one  half  of  the  total  number  of  first  choice 
votes  case  for  all  the  candidates  for  any  office,  divided  by  the 
number  of  places  to  be  filled  in  such  office  at  such  election. 

Section  7. — Precincts. — The  council  shall  have  power  to 
divide  the  city  into  election  precincts  and  to  make  such  changes 
in  the  boundaries  thereof  as  may  be  necessary  from  time  to 
time. 

Section  8. — Polling  Places. — At  least  ten  days  prior  to  the 
sitting  of  the  resigstrars  at  any  city  election,  the  city  clerk  shall 
select  and  contract  for  a suitable  place  in  each  precinct  at  which 
the  registration  and  election  shall  be  held. 

Section  9. — Registration  Books. — The  city  clerk  shall  pro- 
cure from  the  county  clerk  the  registration  books  used  at  the 
election  of  officers  under  this  charter,  and  from  them  and 
from  the  poll  books  used  at  said  election  shall  transfer  the 
names  of  all  who  voted  at  said  election  to  new  permanent 
city  registration  books,  covering  the  precincts  created  by 
the  council.  The  council  shall  provide  two  registration 
books  for  each  precinct,  in  form  as  now  provided  by  statute, 
except  that  on  the  left  side  of  the  left  page  of  each  book, 
twelve  columns  shall  be  ruled,  each  headed  “date  of  election." 

Section  10. — Registrars  and  Judges. — The  civil  service 
commission,  upon  the  first  Monday  in  September.  A.  D.  1913. 
and  every  two  years  thereafter,  shall  appoint  two  registrars 
of  election  for  each  precinct.  At  the  same  time  they  shall 
appoint  one  judge  and  two  clerks,  who,  together  with  the 
two  registrars  mentioned  above,  shall  act  as  judges  and  clerks 
of  election  during  the  succeeding  two  years.  Temporary 
judges  and  clerks  shall  be  appointed  in  March  1912.  Each 
registrar  shall  be  entitled  to  $5.00  for  registration  and  each 
judge  and  clerk  shall  be  entitled  to  $5.00  for  election. 

The  registrars,  judges  and  clerks  shall  be  qualified  electors 
in  their  precincts  and  capable  men,  of  good  repute  and  char- 


48 


THE  CHARTER  OF-PUEBLO 


acter,  who  speak,  read  and  write  the  English  language.  They 
shall  hold  no  office  or  employment  nor  be  candidates  for  office 
or  employment  under  the  United  States,  State,  County  or  City. 

Each  person  so  selected  shall  be  notified  to  appear  at  a 
time  specified  for  examination.  If  found  qualified  he  shall 
be  bound  to  serve  unless  excused  by  reason  of  ill  health,  old 
age  or  other  cause  satisfactory  to  the  commission. 

The  civil  service  commission  shall  keep  a book  in  which 
shall  be  recorded  the  names  of  all  registrars,  judges  and  clerks 
agreed  upon;  and  if,  at  the  time  specified  for  examination  any 
shall  fail  to  appear  or  shall  be  rejected  or  excused,  such  fact 
shall  be  noted  in  said  book.  No  person  shall  be  compelled  to 
serve  again  for  four  years.  Any  person  so  notified  who  shall 
fail  to  appear  before  such  board  or  who  shall  refuse  to  serve 
shall  be  deemed  guilty  of  a misdemeanor. 

Upon  the  appointment  of  such  registrars,  judges  and  clerks 
the  commission  shall  cause  to  be  published  a list  of  the  same 
in  noj:  more  than  two  newspapers  of  Pueblo.  At  any  time 
within  three  days  after  such  publication  any  person  may  pre- 
sent objections  to  the  appointment  of  any  registrar,  judge  or 
clerk.  Upon  hearing  such  objections  the  commission  may 
either  confirm  or  reject  such  registrar,  judge  or  clerk. 

Said  commission  may  at  any  time  for  incapacity,  dis- 
honesty or  neglect  of  duty  remove  any  registrar,  judge  or  clerk 
of  election  and  fill  the  vacancy  so  caused. 

Section  11. — Registration. — The  registrars  shall  sit  at  the 
polling  places  in  each  precinct  on  the  first  Tuesday  in  October, 
A.  D.  1913,  from  9 a.  m.  to  9 p.  m.  and  on  the  first  Tuesday 
in  October  every  two  years  thereafter  to  register  legal  voters 
who  present  themselves  in  person.  The  name  of  a voter  once 
registered  shall  remain  on  the  registration  list  until  stricken 
as  herein  provided. 

It  shall  be  the  duty  of  the  city  clerl^  to  register  all  'legal 
voters  who  present  themselves  in  person  at  his  office  ,during 
office  hours,  except  during  the  period  from  Tuesday  four  weeks 
before  any  election,  to  and  including  the  day  of  such  election. 

On  the  day  before  any  election  at  least  two  judges  in  each 
precinct  shall  call  in  person  at  the  city  clerk’s  office  and  re- 
ceive one  of  the  registration  books  for  their  precinct,  together 
with  ballots  and  other  necessary  supplies. 


THE  CHARTER  OF  PUEBLO 


49 


The  city  clerk  and  the  registrars  and  judges  of  election 
shall  have  power  to  administer  oaths  similar  to  those  provided 
by  state  law  in  registering  voters  and  in  conducting  all  matters 
relative  to  city  elections. 

Section  12. — Purging  Registration. — At  any  time  up  to 
and  including  Tuesday  three  weeks  before  any  election  any 
qualified  elector  may  file  a verified  complaint  with  the  judge 
of  the  municipal  court,  giving  the  name  or  names,  of  any 
person  or  person,  whom  he  believes  to  be  illegally  registered 
with  his  reasons  therefor.  Summons  shall  thereupon  be  issued 
to  and  served  upon  the  person  or  persons,  alleged  to  be  illegal- 
ly registered,  either  personally  or  by  leaving  a copy  thereof  at 
the  place  from  which  he  or  they  are  registered  and  upon  the 
city  clerk  and  the  registrars  of  the  precincts  where  sucn  illegal 
registration  is  charged,  not  less  than  forty-eight  hours  prior  to 
the  time  of  the  hearing,  commanding  them  to  appear  before  the 
municipal  court  at  a time  certain,  not  less  than  three  nor  more 
than  five  days  after  the  filing  of  such  complaint.  If  upon 
hearing  it  shall  appear  that  any  such  person  or  persons  have 
been  illegally  registered,  their  names  shall  be  stricken  from 
the  registration  lists. 

Section  13. — Change  in  Registration. — Any  voter  registered 
in  one  precinct  and  who  has  moved  to  another  may  pre- 
sent himself  in  person  at  the  city  clerk’s  office  at  any  time 
up  to  and  including  Monday  one  week  before  any  election  and 
change  his  registration  to  such  new  precinct.  No  person  shall 
be  permitted  to  vote  unless  he  resides  in  the  precinct  where 
registered. 

Sction  14. — Informalities. — No  informalities  in  conducting 
city  elections  shall  invalidate  the  same,  if  they  have  been  con- 
ducted fairly  and  in  substantial  conformity  with  the  require- 
ments of  this  charter. 

Section  15. — Statement  of  Expenses. — Every  candidate  at 
any  city  election  shall  within  thirty  days  thereafter  file  an 
itemized  statement  under  oath  showing  in  detail  all  the  moneys 
contributed  or  expended  by  him  directly  or  indirectly  in  aid 
of  his  election,  and  giving  therein  the  names  of  the  various 
persons  receiving  such  money  and  the  specific  nature  of  each 
item,  and  the  purpose  for  which  expended  or  contributed. 

Section  16. — Corrupt  Practices. — Any  person  who  shall  at 
any  city  election  violate  any  state  law,  provision  of  this  char- 
ter or  ordinance  of  Pueblo  relative  to  registration  or  election, 


50 


THE  CHARTER  OF  PUEBLO 


or  who  if  a candidate,  shall  fail  to  file  a sworn  statement  of 
expenses  as  herein  required,  upon  conviction  thereof,  shall  be 
disqualified  from  holding  any  office,  position  or  employment 
under  the  city  for  two  years. 

Section  17. — Carriages  and  Expenses. — No  person,  corpor- 
ation, partnership,  association  or  organization  shall  carry  or 
convey  any  person  to  or  from  any  polling  place  on  the  day  of 
any  city  election,  or  to  or  from  any  place  established  for  the 
registration  of  voters  for  any  such  election  during  the  time 
such  registration  is  in  progress.  No  person,  corporation,  part- 
nership, association  or  organization  shall  rent  or  hire  any  car- 
riage, wagon,  automobile  or  other  conveyance  from  or  to  any 
person,  corporation,  partnership,  association  or  organization  to 
be  used  for  the  carrying  or  conveying  of  any  person  who  in- 
tends to  vote,  or  who  has  voted  at  such  election,  or  intends  to 
register  or  has  registered  during  such  registration,  to  or  from 
any  polling  place  established  for  the  holding  of  any  city  elec- 
tion, or  to  or  from  any  place  established  for  the  registration  of 
voters.  No  person  shall  ride  in  any  carriage  or  conveyance  to 
any  such  polling  place,  or  place  of  registration,  with  the  inten- 
tion of  participating  in  such  election  or  registration  or  from 
any  such  place  after  voting  or  participating  in  such  election  or 
registration;  provided  that  nothing  herein  contained  shall  forbid 
or  prevent  any  person  from  riding  to  such  polling  or  registar- 
tion  place  in  a carriage  or  conveyance  belonging  to  such  person 
or  a member  of  his  or  her  immediate  family,  or  rented  by  such 
person  for  the  general  family  use  of  such  person  or  the  mem- 
bers of  his  family,  nor  shall  the  provisions  of  this  charter  for- 
bid or  prevent  the  owner  of  any  (such  carriage  or  conveyance 
from  carrying  or  conveying  to  or  from  such  polling  place  or 
places  of  registration,  persons  who  are  infirm  or  disabled,  pro- 
vided that  no  compensation  is  received  or  charged  for  such 
service. 

No  candidate  shall  employ  workers  to  canvass  for  his 
election,  aid  in  registering  or  in  bringing  voters  to  the  polls. 

No  candidate  shall  expend  any  money  for  treats,  cigars, 
candy,  liquors  or  refreshments  of  any  kind,  or  for  any  do- 
nation or  thing  intended  to  influence  the  vote  of  any  person. 

No  candidate  shall  combine  with  any  other  candidate  or 
candidates,  either  before  or  after  nomination,  to  form  a ticket, 
slate  or  set  of  nominees  for  the  prosecution  of  a joint  cam- 
paign, or  to  maintain  or  help  to  maintain  any  headquarters 
therefor. 


THE  CHARTER  OF  PUEBLO 


51 


No  candidate  shall  make  any  subscription  to  any  head- 
quarters, committee  or  person  working  for  the  election  of  any 
other  candidate  but  himself. 

No  candidate,  shall  make  any  donation,  gift  or  subscrip- 
tion to  any  church  or  charity,  to  any  public  or  private  institu- 
tion, or  to  any  person,  directly  or  indirectly,  to  influence  the 
vote  of  any  person,  or  by  the  purchase  of  any  ticket,  chance 
or  other  thing  effect  the  same  end  while  a candidate. 

No  candidate  shall  accept  any  contribution,  directly  or 
indirectly,  from  any  person,  firm  or  corporation. 

Each  candidate  for  office  may  spend  not  to  exceed  $125 
in  his  campaign  for  nomination  and  election. 

No  political  party,  directly  or  indirectly,  and  no  public 
service  corporation,  nor  any  other  person,  firm  or  corporation 
owning,  interested  in,  or  intending  to  apply  for  any  franchise 
or  contract  with  the  city,  shall  contribute  or  expend,  any  money 
or  valuable  thing,  directly  or  indirectly,  to  assist  in  the  elec- 
tion or  defeat  of  any  candidate  or  candidates. 

The  term  candidate  as  used  in  this  article  shall  mean  and 
apply  to  any  person  seeking  nomination  or  election  to  any  city 
office  in  Pueblo. 

The  provisions  and  prohibitions  of  this  article  relating 
to  candidates  shall  also  apply  to  each  and  every  city  officer 
and  employe  in  Pueblo. 

Section  18. — Qualified  Electors. — The  word  qualified  elec- 
tor when  used  in  this  charter  shall  mean  a person  possessing 
legal  qualification  as  a voter  under  the  constitution  and  laws 
of  this  state,  and  whose  name  appears  upon  the  registration 
list  of  the  precinct  in  which  he  resides. 

Section  19. — Taxpaying  Electors. — The  word  taxpayer  or 
taxpaying  elector,  when  used  in  this  charter  shall  mean  a 
qualified  elector  who  has  paid  a property  tax  in  Pueblo  within 
one  year  preceding  such  election. 

Section  20. — Watchers. — Upon  petition  of  one  or  more 
candidates,  giving  the  name,  occupation  and  residence  of  the 
person  they  desire  in  any  precinct  the  civil  service  commis- 
sion shall  appoint  such  person  as  watcher,  but  such  watcher 
shall  receive  no  compensation. 


Section  21. — Number  of  Ballots. — The  city  clerk  shall  pre- 


52 


THE  CHARTER  OF  PUEBLO 


pare  and  deliver  to  the  judges  of  election  for  use  on  election 
day  a number  of  ballots  equal  to  the  numbers  of  persons  reg- 
istered in  such  precinct  plus  twenty-five. 

Section  22. — Signing  Petitions. — Whenever  the  signing  of 
a petition  is  provided  for  in  this  article  the  person  so  sign- 
ing shall  add  to  his  signature  his  place  of  residence  and.  num- 
ber of  his  precinct,  and  all  signatures  to  which  this  informa- 
tion is  not  appended  shall  be  disregarded. 

Section  23. — Striking  Names. — Within  fifteen  days  after 
any  general  city  election  the  city  clerk  shall  strike  from  both 
registration  lists  in  each  precinct  the  name  of  every  person 
who  failed  to  vote  at  such  election. 

Section  24. — Election  Regulations. — The  provisions  of  any 
state  law  now  or  hereafter  in  force,  relating  to  the  qualifica- 
tion and  registration  of  elctors,  the  manner  of  voting,  penal- 
ties for  violations  thereof,  the  duties  of  election  officers,  the 
canvassing  of  returns  and  all  other  particulars  in  respect  to 
the  management  of  elections,  except  as  otherwise  provided 
in  this  article,  so  far  as  they  may  be  applicable,  shall  govern 
all  city  elections. 

The  council  shall  meet  as  a canvassing  board  on  the 
third  day  after  every  city  election  and  canvass  the  result 
thereof. 

Within  twenty-two  hours  after  the  closing  of  the  polls 
at  any  election  the  judges  of  election  in  each  precinct  shall 
count  the  vote  cast  and  certify  the  result  to  the  city  clerk  at 
his  office  in  the  city  hall. 

Secion  25. — First  Charter  Election. — The  precincts,  poll- 
ing places  and  registrars  and.  judges  of  election  as  provided 
under  existing  law  and  the  registration  and  election  laws  for 
the  conduct  of  elections  so  far  as  not  in  conflict  with  this 
charter  shall  govern  the  holding  of  the  first  election  of  officers 
hereunder. 

Section  26. — Penalties. — Any  person,  firm  or  corporation 
violating  any  of  the  provisions  of  this  article,  in  addition  to 
the  penalties  heretofore  prescribed,  upon  conviction,  shall  be 
fined  not  less  than  fifty  dollars  nor  more  than  three  hun- 
dred dollars,  or  imprisoned  not  exceeding  ninety  days  for  each 
offense. 

Section  27. — Election  Ordinances. — The  council  shall  have 


THE  CHARTER  OF  PUEBLO 


53 


power,  by  ordinance,  to  provide  for  all  matters  and  things 
relative  to  the  conduct  of  city  elections  not  provided  for  in 
this  charter. 


ARTICLE:  XIV. 

WATER  AND  WATER  WORKS 

Section  1. — Consolidation. — The  council  shall  have  power 
to  acquire  by  purchase  or  condemnation  all  of  the  property  of 
every  kind  and  character  owned  or  operated  by  either  or  both 
of  the  two  water  districts  contained  within  Pueblo  and  after 
such  acquisition  of  the  properties  of  either  or  both  of  said 
water  districts  to  manage  and  control  the  same. 

Section  2. — Vote  of  Electors. — The  Boards  of  Commis- 
sioners or  Trustees  of  such  water  districts  shall  have  power 
and  authority  to  contract  and  agree  with  the  Council  for  the 
sale,  transfei,  and  conveyance  of  the  property  belonging  to 
their  respective  district  to  Pueblo;  provided  that  all  such  con- 
tracts or  agreements,  before  becoming  binding  and  effective, 
must  be  submitted  for  approval  or  rejection  by  the  Council  to 
a vote  of  the  qualified  electors  of  such  district  at  a general  city 
election  or  at  a special  election  called  therefor.  If  said  con- 
tract. or  agreement  shall  be  approved  by  the  vote  of  a majority 
of  the  votes  cast  at  such  election,  such  board  of  commissioners 
or  trustees  shall  convey  and  transfer  the  property  of  such  dis- 
trict in  accordance  with  the  terms  of  such  lagreement. 

Section  3. — Bonds— The  Council  shall  have  power  to  issue 
and  said  boards  of  commissionesrs  or  trustees  shall  have  power 
to  accept  bonds  of  Pueblo  in  payment  of  the  purchase  price  ot 
such  properties.  The  Council  may  issue  and  sell  the  bonds  of 
the  city  for  the  purpose  of  producing  funds  for  the  purchase 
of  such  properties  and  the  purchase  price  of  such  properties 
may  in  such  event  be  paid  and  accepted  in  cash.  No  bonds 
shall  be  issued  by  the  city  for  such  purpose  bearing  interest 
at  a rate  higher  than  four  and  one-half  per  cent  per  annum. 

Section  4. — Proceeds  of  Sale. — All  bonds  or  money  re- 
ceived by  any  such  board  of  commissioners  or  trustees  of  any 
water  district  shall  be  deposited  with  the  treasurer  of  the  city 
to  be  by  him  held,  together  with  all  interest  received  thereon, 
for  the  use  and  benefit  of  the  portion  of  the  city  comprised 
within  the  limits  of  the  Water  District,  the  property  of  which 
has  been  so  purchased  or  condemned.  Such  bonds  or  money 
so  held  shall  be  used  and  applied  by  the  treasurer  only  for 


54 


THE  CHARTER  OF  PUEBLO 


the  use  and  benefit  of  such  district  and  in  accordance  with  the 
provisions  of  an  ordinance  or  ordinances  passed  by  the  council 
which  shall  only  be  in  force  and  effect  when  approved  by  a 
majority  vote  of  the  electors  of  such  district  at  a general  or 
special  city  election.  Upon  the  purchase  or  condemnation  of 
all  of  the  property  of  such  water  district,  such  district  shall  be. 
dissolved  and  cease  to  exist  except  for  the  purpose  of  the  levy 
of  taxes  to  pay  outstanding  bonds  issued  by  such  district  which 
bonds  shall  be  paid  from  taxes  levied  upon  the  property  within 
such  district  or  from  the  proceeds  of  the  sale  or  condemnation 
of  the  property  of  such  district. 

Section  5. — District  Number  Two.— The  water  plant  to- 
gether with  all  other  property  belonging  to  Public  Water 
Works  District  Number  Two  shall  continue  to  belong  to  said 
District  and  be  held,  managed  and  operated  in  the  same  manner 
as  at  present,  until  the  ownership,  control  and  management 
shall  be  changed  pursuant  to  the  provisions  of  this  charter,  and 
no  change  shall  be  made  except  as  herein  provided  unless  such 
change  be  approved  by  the  vote  of  a majority  of  the  qualified 
electors  of  sucfc  District  voting  at  a general  or  special  elec- 
tion upon  such  question. 

Section  6. — Terms  of  Commissioners. — The  terms  of  office 
of  the  commissioners  of  said  Water  District  now  in  office  are 
hereby  extended  to  January  1,  1914,  unless  terminated  sooner 
through  the  acquisition  by  the  city  of  the  property  of  such 
District.  Until  such  acquisition  three  commissioners  of  said 
Water  District  shall  be  elected  at  each  general  city  election, 
commencing  with  such  election  in  1913,  and  shall  hold  office  for 
a term  of  two  years.  Said  commissioners  shall  possess  the 
powers  as  are  now  exercised  by  the  commissioners  of  said  Dis- 
trict. 

Section  7. — Pueblo  Water  Works. — That  at  the  general 
city  election,  to  be  held  in  November.  1911,  and  at  each  general 
city  election  thereafter  until  the  dissolution  of  such  district 
there  shall  be  elected  at  large,  by  the  qualified  electors  resid- 
ing north  of  the  Arkansas  River,  three  trustees  of  the  Pueblo 
Water  Works,  whose  terms  shall  begin  at  the  same  time  as 
that  of  the  members  of  the  council.  The  term  of  the  three 
trustees  first  elected  shall  expire  January  1,  1914,  and  the  term 
of  office  of  each  trustee  thereafter  elected  shall  be  two  years, 
unless  terminated  sooner  by  the  acquisition  by  the  city  of  the 
property  of  such  district.  The  trustees  so  elected  shall  hold 
the  title  to,  and  manage  and  control  the  water  plant  and  other 


THE  CHARTER  OF  PUEBLO 


55 


property  formerly  owned  by  the  former  city  of  Pueblo,  and  all 
property  heretofore  acquired  by  the  Trustees  of  the  Pueblo 
Water  Works,  and  heretofore  managed  and  controlled  by  the 
aldermen  elected  from  the  wards  lying  north  of  the  Arkansas 
River.  Such  Trustees  shall  make  full  and  detailed  monthly  re- 
ports to  the  city  treasurer  of  all  the  affairs  under  their  charge. 
They  shall  deposit  all  moneys  received  by  them  from  the 
operation  and  management  of  the  property  under  their  charge 
with  the  city  treasurer  and  shall  pay  all  bills  and  accounts  by 
check  or  warrant  on  the  treasurer,  to  be  paid  from  the  funds 
on  deposit  to  their  credit.  Every  warrant  or  check  so  drawr. 
shall  specify  the  object  or  purpose  for  which  it  was  drawn. 

Section  8. — Election. — The  nomination  and  election  of  such 
commissioners  and  trustees  shall  be  conducted  in  the  same 
manner  as  is  herein  provided  for  the  nomination  and  election 
of  members  of  the  Council. 

Section  9. — Contracts. — No  contract  shall  be  entered  into, 
or  any  purchase  made,  by  the  trustees  or  commissioners  of  said 
Water  Districts  involving  the  expenditure  of  a sum  in  excess 
of  $200  until  a proposal  for  bids  for  the  materials  or  services 
covered  by  such  contract  of  purchase  shall  have  been  advertised 
by  one  publication  in  a newspaper  of  general  circulation  for 
a period  of  ten  days.  No  contract  or  purchase  involving  an  ex- 
penditure or  indebtedness  in  excess  of  $25,000  shall  be  entered 
into  or  made,  until  submitted  to  a vote  of  the  legal  voters  re- 
siding within  such  Water  District,  and  approved  by  the  vote  of 
a majority,  of  those  voting  on  the  question.  Said  trustees  or 
commissioners  shall  have  such  other  powers  and  duties  and  be 
subject  to  such  restrictions  and  limitations  as  the  council  by 
ordinance  may  prescribe. 


ARTICLE  XV. 

ILLEGAL  CONTRACTS 

Section  1. — By  Officials. — If  any  valuable  consideration  of 
any  kind  shall  be  given  or  paid,  directly  or  indirectly,  by  any 
party  in  interest  to  any  officer  or  employe  of  the  city,  or  of 
any  water  or  park  district  or  other  department  or  subdivision  of 
the  city,  for  the  purpose  of  procuring  or  inducing  any  such  offi- 
cer or  employe  to  aid  in  procuring  any  contract,  franchise,  or- 
dinance or  resolution  of  any  kind  to  be  entered  into,  enacted, 
passed,  adopted,  or  signed  for  any  purpose  by  the  city  of 
Pueblo,  or  any  water  or  park  district,  or  any  department  or 


56 


THE  CHARTER  OF  PUEBLO 


subdivision  thereof,  such  contract,  franchise,  ordinance,  or  re- 
solution shall  be  void,  and  shall  confer  no  rights  of  any  kind 
upon  any  person,  firm  or  corporation. 

Section  2. — Improper  Inducements. — If  any  valuable  con- 
sideration shall  be  offered  or  paid  by  any  person  in  interest, 
directly  or  indirectly,  to  the  owner,  or  agent,  or  the  representa- 
tive or  any  owner  of  property,  located  within  any  improvement 
district,  for  the  purpose  of  inducing  such  person  to  sign  a peti- 
tion for  any  improvement  or  construction,  the  cost  of  which  is 
to  be  in  whole  or  in  part  assessed  against  the  property  fronting 
upon  such  improvement  or  within  the  district  where  such  im- 
provement is  to  be  constructed,  or  if  any  commission,  percent- 
age, rebate,  or  reduction  from,  or  on  account  of  the  cost  of  such 
improvement  shall  be  offered  or  paid,  directly  or  indirectly,  to 
the  owner  of  any  property  to  be  assessed  for  such  improvement, 
for  the  purpose  of  procuring  signatures  to  a petition,  or  the 
letting  of  a contract  for  such  improvement  or  construction;  any 
contract  made  or  awarded  for  such  improvement  or  construction 
shall  be  void,  and  no  obligation,  liability,  or  assessment  shall 
attach  to,  or  bind  the  city,  or  any  property  within  the  city  for 
or  on  account  of  such  contract. 

Section  3. — Corruptly  Influencing  Voter. — If  any  valuable 
consideration  of  any  kind  be  offered  or  paid  by  any  person, 
firm,  or  corporation,  or  by  any  agent  or  representative  thereof, 
seeking  a franchise  from  the  city,  to  any  person,  to  induce  such 
person  to  vote  for  the  granting  of  any  such  franchise  at  any 
election  held,  in  this  city,  such  franchise  so  granted  shall  be 
void. 

Section  4. — Limitation. — No  action  shall  lie  to  enforce  any 
provision  of  this  article  unless  commenced  within  ninety  days 
from  the  execution  of  the  contract,  the  final  passage  of  the 
ordinance  or  resolution,  the  filing  of  the  petition,  the  letting  of 
contract  or  the  granting  of  the  franchise  affected  thereby. 

ARTICLE  XVI. 

GENERAL  PROVISIONS 

Section  1. — Amendment. — This  charter  may  be  amended  in 
manner  as  provided  in  Article  XX  of  the  Constitution  of  the 
State  of  Colorado. 

Section  2. — Present  Ordinances  in  Force. — All  ordinances 
of  Pueblo  in  force  at  the  time  this  charter  goes  into  effect 
shall  continue  in  force  except  in  so  far  as  they  conflict  with 


THE  CHARTER  OF  PUEBLO 


57 


the  provisions  of  this  charter  or  shall  be  amended  or  repealed 
by  ordinances  enacted  under  the  authority  of  this  charter. 

Section  3. — Present  Laws  Apply. — The  laws  of  the  state 
of  Colorado  in  force  at  the  time  this  Charter  goes  into  effect  in 
relation  to  cities  of  the  first  class  shall  apply  to  and  be  the  law 
applicable  to  Pueblo  in  all  respects,  except  in  so  far  as  they  con- 
flict with  the  provisions  of  this  charter  or  amendments  here- 
after made  hereto  or  the  ordinances  of  Pueblo,  enacted  pur- 
suant to  the  authority  granted  by  this  charter. 

Section  4. — Withdrawals. — Any  signer  upon  a petition  for 
any  construction  or  improvement,  may  withdraw  his  name 
therefrom  at  any  time  before  the  first  publication  of  the  or- 
dinance -ordering  such  construction  or  improvement. 

Section  5. — Process. — All  legal  process  against  the  city 
shall  be  served  upon  the  president  or  vice  president  of  the 
council. 

Section  6. — Construction  of  Words. — Whenever  such  con- 
struction is  applicable,  words  used  in  this  charter  importing  the 
singular  or  plural  number  may  be  construed  so  that  one  number 
include  both;  words  importing  masculine  gender  may  be  con- 
strued to  apply  to  the  feminine  gender  as  well;  and  the  word 
person  may  extend  to  and  include  firm  and  corporation;  pro- 
vided, that  these  rules  of  construction  shall  not  apply  to  any 
part  of  this  charter  containing  express  provisions  excluding  such 
construction  or  where  the  subject  matter  or  context  is  repug- 
nant thereto. 

Section  7. — Eight  Hour  Day. — Eight  hours  shall  constitute 
a legal  day  of  work  for  all  persons  in  the  employ  of  the  city 
and  upon  all  city  work  done  under  contract  and  all  employ- 
ments and  contracts  with  the  city  are  hereby  made  subject  to 
this  provision. 

Section  8. — First  Election. — The  form  of  government  exist- 
ing in  Pueblo  at  the  time  this  charter  takes  effect  and  the  offi 
cers  acting  thereunder  shall  continue  until  the  third  Monda}'  of 
November,  A.  D.  1911,  at  noon,  except  as  to  the  calling  and 
holding  of  the  first  election  of  officers.  Said  election  and  the 
registration  of-  voters  therefor  shall  be  as  provided  in  this  char- 
ter. The  city  clerk  shall  call  said  election  and  shall  provide 
for  the  registration  therefor.  In  case  there  is  not  sulficient 
funds  available  to  meet  the  expenses  of  the  registration  of 
voters  and  holding  of  said  election  the  present  Mayor  and  City 
Council  shall  provide  for  issuing  special  warrants  for  such  ex- 
penses and  the  proper  officers  shall  issue  same.  The  payment 
of  such  warrants  shall  be  provided  for  by  the  commissioners 
elected  under  this  charter  in  the  annual  appropriation  for  1912. 


58 


THE  CHARTER  OF  PUEBLO 


Section  9. — Oath  of  Office. — Each  elective  commissioner, 
each  member  of  the  civil  service  commission,  the  city  con- 
troller, the  city  engineer,  the  judge  of  the  municipal  court,  the 
city  clerk,  the  city  attorney,  the  head  of  every  department 
created  by  this  charter  or  by  ordinance  and  every  appointee 
under  the  civil  service,  before  entering  upon  the  duties  of  his 
office  or  employment,  shall  take,  subscribe  and  file  with  the 
city  clerk  to  the  following  oath  or  affirmation: 

I do  solemnly  swear  (or  affirm)  that  I will  support  the 
Constitution  and  Laws  of  the  United  States  and  of  the  State 
of  Colorado  and  the  Charter  and  Ordinances  of  Pueblo;  and 
that  I will  perform  the  duties  of  my  office  or  employment 
and  to  the  best  of  my  knowledge  and  ability,  maintain  an 
efficient  service  in  the  city,  free  from  partisan  distinction  and 
control,  so  help  me  God. 

DONE  IN  CONVENTION,  at  the  Council  Chamber  in  the 
City  Hall  in  Pueblo,  Colorado,  this  twenty-eighth  day  of  July, 
in  the  year  of  our  Lord,  One  Thousand  Nine  Hundred  and 
Eleven,  and  of  the  Independence  of  the  United  States  of  Amer- 
ica the  one  hundred  and  thirty-fifth. 

IN  WITNESS  WHEREOF,  We  have  hereunto  subscribed 
our  names. 

CHARLES  A.  BALLREICH,  President. 

JAMES  K.  DEMPSEY,  Vice  President. 

FRED  E.  BRITT,  Secretary. 

ALVA  B.  ADAMS. 

WILLIAM  L.  ANDERSON. 

J.  KNOX  BURTON. 

C.  W.  CREWS. 

W.  L.  GRAHAM. 

JOHN  F.  KEATING. 

WILLIAM  D.  KEEN. 

CHARLES  J.  LEFTWICH. 

W.  S.  MARBLE. 

EDWIN  G.  MIDDELKAMP. 

C.  K.  McHARG. 

WILKINS  O.  PETERSON. 

GEORGE  W.  ROE. 

FRED  O.  ROOF. 

CALVIN  A.  SPENCER. 

ROBERT  M.  STETSON. 

WILLIAM  J.  WHITLOCK. 

WILLIAM  H.  YOUNG. 


THE  CHARTER  OF  PUEBLO  59 

INDEX 


Page  Section 

ALLEY  PAVING  9 9 (c) 

AMENDMENTS  . 56  1 

APPOINTEES,  How  selected  26  11 

APPROPRIATIONS,  When  made  31  6 

(See  Finance  and  Taxation) 

ASSESSING  COST  OF  IMPROVEMENTS  10  10 

ATTORNEY,  CITY  l.L 21  ' 4 

Attorney  of  five  years  practice  21  4 

Bond  ; 22  7 

Draw  ordinances,  etc 21  4 

Term  19  1 

When  appointed  19  1 

BILLBOARDS  9 7 

BILL  DISTRIBUTING  .' 9 7 

BOILER  INSPECTION  6 2 

BONDS,  Appeal  29  6 

Park  District  34  13 

Official  .. . 22  7 

BOUNDARIES  OF  PUEBLO  3 1 

BUILDING  AND  FIRE  REGULATIONS  6 2 

BUILDINGS,  Council  may  condemn  10  9 (e) 

CIVIL  SERVICE  23  VII 

Advancement  from  lists  25  6 

Applicants  duties  and  qualifications 24  4 

Appointees,  how  selected  26  11 

Classification  .....26  12 

Departments  retained  26  10 

Dismissal  of  employes  26  9 

Examinations  competitive  24  3 

Examinations  for  advancement  24  5 

Participation  in  politics  prohibited  25  7 

Rules  and  examinations  23  2 

Soliciting  contributions  prohibited  25  8 

Suspension  of  employes  .....26  9 


60 


THE  CHARTER  OF  PUEBLO 


Page  Section 

CIVIL  SERVICE  COMMISSIONERS  

Certify- to  emergency  appropriations  33  7 

Compensation  23  1 

Controller  act  as  clerk  A. .1 23  1 

Controller  appointed  by  A 27  13 

Elected,  at  large  /. 3 1 

Hold  no  other  office  7.1 23  1 

Judges  of  election,  appointed  by 7. 24  2 

President  '. 23  1 

Qualifications  4 2 

Terms  of  _ .' 42  1 

Vacancies,  how  filled  4 3 

When  elected  42  1 

(See  elections) 

CLASSIFICATION,  Under  civil  service  26  12 

CLERK,  CITY  „ 20  2 

Attest  warrants,  etc.  „ 20  2 

Bond  22  7 

Custodian  of  records  .’ 20  2 

Draw  and  issue  licenses .......20  2 

•Keep  journal  ........20  2 

Term  , 19  1 

When  appointed  .*...„ 19  1 

COCAINE,  Sale  of  prohibited  1 7 3 

COMMISSIONERS,.  

Assigned  to  departments  16  1 

Attend  to  duties  23  9 

Bonds  _ 22  7 

Duties  may  be  changed  18  7 

How  elected  3 1 

Known  as  council  .. 4 1 

May  be  recalled  38  1 

Not  use  passes  23  8 

Number  of  3 1 

Oath  of  office  _ .. 58  9 

Qualifications  4 2 

Salaries  21  6 

Term  of  office  42  1 

When  elected  _ 42  1 

CONSTRUCTION  OF  WORDS  A. 57  6 

CONTRACTS,  (See  illegal)  


THE  CHARTER  OF  PUEBLO  61 

Page  Section 

CONTROLLER,  CITY  20  3 

Audit  payrolls  20  3 

Bond  22  7 

Clerk  to  civil  service  .'. 23  1 

How  appointed  27  13 

Issue  warrants,  etc „ 20  3 

Prescribe  form  for  books,  etc 20  3 

Print  annual  statement  21  3 

Salary  21  6 

Term  19  1 

When  elected  19  1 

COUNCIL,  THE  4 III 

Acquire  water  works'  53  1 

Act  by  ordinance,  resolution  or  motion  5 5 

Appointments  by  roll  call  ; 6 8 

Canvass  election  returns  52  24 

Composed  of  three  commissioners  3 1 

Contracts  for  $10,000  or  more,  how  authorized.—-  5 5 

Departments  16  1 

General  powers  15  20 

Issue  revocable  licenses  36  8 

Issue  revocable  permits  37  12 

Let  advertising  _... 15  18 

License  street  cars,  etc 35  4 

Make  appointments  26  11 

Make  tax  levy  1 31  3 

May  change  departments  — 16  1 

May  change  duties  of  commissioner  18  7 

May  regulate  rates  and  fares  35  3 

Meetings  and  quorum  5 4 

Members  must  vote  5 5 

Members  not  hold  other  public  offices 5 3 

Number  of  employes  fixed  by  18  8 

Order  recall  election  39  3 

Ordinances  how  passed  5 5 

Pass  appropriation  ordinance  31  6 

Pass  or  submit  initiated  ordinance  to  the  people..41  2 

President  and  vice  president  4 2 

President,  duties  of  4 2 

President,  no  veto  4 2 

Publish  monthly  statement  .*. 6 7 

Publish  ordinances  5 6 

Raise  or  lower,  tracks  36  6 

Repeal  or  refer  ordinance  42  3 

Restrictions  on  members  5 3 


62  THE  CHARTER  OF  PUEBLO 

Page  Section 

COUNCIL,  POWERS  OF  . 6 IV 

Advertising  15  18 

Assessment  of  cost  for  improvements  10  10 

Auditorium,  power  to  build  12  12 

Buildings,  power  to  tear  down  10  9 (e) 

Cemeteries,  power  to  purchase  13  15 

Certify  assessments  to  Co.  Treasurer 10  10 

Condemnation  proceedings  .....13  13 

Fix  paving  assessments  11  11 

General  powers  ,...15  20 

Licenses,  power  to  issue  8 7 

Liquors,  license  regulations,  etc 14  17 

Market  place,  power  to  construct  12  12 

Over  streets,  alleys,  etc 8 6 

Parks,  power  to  purchase  13  15 

Playgrounds,  power  to  establish  ...12  12 

Public  libraries  13  14 

Public  works  : 12  12 

Rubbish,  removal  of  10  9 (f) 

Water  tax,  to  levy  15  19 

Weeds,  cutting  of  10  9 (g) 

COURTS,  See  judicial  department  

CURBING  AND  GUTTERING  9 9 (b) 

Assessment  for  : 10  10 

DAY,  Eight  hours  on  contracts  57  7 

DEPARTMENTS — See  Public  Safety;  Finance  and 
Supplies;  Highways;  Parks,  Lighting  and  Water; 

Health,  Inspection  and  Sanitation  

DEPARTMENTS  RETAINED  26  10 

DISMISSAL  OF  OFFICERS  AND  EMPLOYES....26  9 

EIGHT  HOUR  DAY  . 57  7 

ELECTIONS  42  XIII 

Acceptance  of  nomination  ...44  3 

Appointment  of  watchers  51  20 

Canvass  of  returns  46  6 

Changes  in  registration  49  13 

Choices,  how  counted  46  6 

Combination  of  candidates,  prohibited  50  17 

Corrupt  practices  49  16 

Faulty  petition,  amended  44  2 

First  election  ’ 52  25 

First  election  ., 57  8 

Form  of  ballot  44  5 

Form  of  petition  43  2 

Hired  workers  prohibited  50  17 


THE  CHARTER  OF  PUEBLO  63 

Page  Section 

ELECTIONS— Continued. 

Informalities . not  invalidate  49  14 

Jurisdiction  of  municipal  court  49  12 

Limitation  of  expense  ..... 51  17 

Majority,  meaning  of  47  6 (g) 

Names  required  on  petition  43  2 

Nominations,  how  made  .. 43  2 

Number  of  ballots  furnished  51  21 

Officers  elected  42  1 

Party  names,  prohibited  46  5 

Penalties  ^ 52  26 

Polling  places,  selection  of  47  8 

Precincts,  created  or  changed  47  7 

Preferential  system  44  5 

Publication,  list  of  candidates  44  4 

Qualified  elector  defined  51  18 

Registration  books  . 47  9 

Registrars  and  judges,  appointed  47  10 

Examined  .' 48  10 

Must  serve  48  10 

Registration,  by  City  Clerk  48  11 

In  precincts  : 48  11 

Purging  of  49  12 

Signing  petitions  ......52  22 

Statement  of  expenses  to  be  filed  49  15 

State  laws  apply  52  24 

Striking  names  from  registration  lists  ,..52  23 

Subscriptions  and  donations,  prohibited  51  17 

Taxpaying  elector  defined 51  19 

Time  of  .... 42  1 

ELECTIVE  OFFICERS  3 II 

Attend  to  duties  23  9 

May  be  recalled  (See  recall  elections) 

Not  use  passes  23  8 

Oath  of  58  9 

Qualifications  tff  4 2 

Vacancies,  how  filled  4 3 

Who  are  3 1 

EMERGENCY  APPROPRIATION,  (See  finance 

and  taxation)  ; 

EMPLOYES  .* ..... 

Must  turn  in  fees  collected  22  6 

No  compensation  but  salaries  22  6 

Number  and  duties  of  fixed  by  council  18  8 

Suspension  or  dismissal  of  26  9 


64 


THE  CHARTER  OF  PUEBLO 


Page  Section 


ENGINEER,  CITY  

Bond  22  7 

Duties  of  21  5 

Term  19  1 

When  appointed  19  1 

FEES,  PAID  TO  CITY  22  6 

FINANCE  AND  TAXATION  „ 30  IX 

Accounts  separate  „ 34  10 

Annual  appropriation  ordinance  31  6 

Appropriation  not  exceed  estimated  revenue 32  6 

Contracts  limited  as  to  time  ..33  8 

Emergency  appropriation,  how  made 33  7 

Emergency  appropriation,  how  provided  for  in 

next  annual  appropriation  : 33  7 

Expenditures  not  to  exceed  appropriations 32  7 

Fiscal  year  30  1 

Limit  of  indebtedness  34  11 

Penalty  for  exceeding  appropriation  33  7 

Refunding  bonds  34  13 

Tax  levy,  failure  to  make  31  5 

How  certified  „ „ :....31  4 

When  made  - 31  3 

Warrants,  how  issued  - 33  9 

(See  single  tax) 

FINANCE  AND  SUPPLIES,  Commissioner  of  17  3 

Advertise  for  bids  — r v 18  9 

Collect  all  monies  17  3 

Ex  Officio  City  Treasurer  17  3 

Furnish  supplies  on  requisition  19  9 

Make  reports  in  writing  19  9 

Purchase  all  supplies  17  3 

FIRE  DEPARTMENT  „ 

Council  maintain  6 1 

Twelve  hour  shifts  6 1 

Vacations  6 1 

FISCAL  YEAR  30  1 

FRANCHISES  AND  PUBLIC  UTILITIES  35  X 

Common  use  of  tracks  36  9 

Council  order  wires  underground  36  7 

Council  provide  for  safety  of  public  36  7 

Council  regulate  rates  and  fares  35  3 

Council  require  uniform  and  adequate  service 35  3 

Elevate  or  lower  tracks  36  6 

Expense  of  franchise  election  35  1 

Extension  of  franchises  37  13 


THE  CHARTER  OF  PUEBLO  65 

Page  Section 

FRANCHISES  AND  PUBLIC  UTILITIES— Continued. 

Firemen  and  Policemen  carried  free  35  5 

Franchise  on  vote  of  taxpaying  electors  35  1 

Franchise  record  kept  by  clerk  36  10 

License  tax  on  cars,  telephones,  etc 35  4 

Public  utility  defined  37  14 

Revocable  licenses  36  8 

Revocable  permits  37  12 

Term  and  restrictions  of  franchises  37  11 

GENERAL  PROVISIONS  56  XVI 

GUTTERING  AND  CURBING  9 9 (b) 

HEALTH,  Commissioner,  Powers  and  Duties  of 17  6 

Ordinances  regarding  7 4 

HEALTH  DEPARTMENT  

Power  of  council  to  provide  7 4 

HEALTH,  INSPECTION  AND  SANITATION 17  6 

HEALTH  REGULATIONS  , 7 4 

HIGHWAYS,  Commissioner  of  17  4 

HIGHWAYS  AND  STREETS  

Alley  paving  9 9 (c) 

Assessing  improvements  10  10 

Condemnation  of  13  13 

Curbing  and  guttering  9 9 (b) 

Paving  10  11 

Powers  of  council  regarding  8 6 

. Sidewalks  9 9 (a) 

Widening  and  improving  8 6 

ILLEGAL  CONTRACTS  55  XV 

Actions  must  be  commenced  in  ninety  days  56  4 

By  officials  void  55  1 

Defined  55  1 

Improper  inducements  to  secure  signatures  56  2 

Influencing  voters  corruptly  56  3 

Percentages,  rebates,  etc.,  prohibited  56  2 

IMPROVEMENTS,  PUBLIC  9 9 

Cost,  how  assessed  10  10 

Cost,  how  collected  10  10 

INITIATIVE  AND  REFERENDUM  A0  XII 

The  initiative  40  1 

Petition  for  40  2 

Percentage  of  votes  required  41  2 

How  submitted  41  2 


66  THE  CHARTER  OF  PUEBLO 

Page  Section 

The  referendum  . 

People’s  ordinances  cannot  be  amended  by 

the  council  42  5 

Percentage  of  votes  required  41  3 

Petition  for  41  3 

How  submitted  42  3 

Not  apply  to  appropriation  or  special  im- 
provement ordinances  41  3 

Further  regulations  42  6 

JUDGES  OF  ELECTION,  Appointed  by  Civil  Ser- 
vice Commission  24  2 

JUDGE  OF  MUNICIPAL  COURT  ’ 

Actions,  How  commenced  28  3 

Appeals  . 29  6 

Bail  28  3 

How  appointed  . 19  1 

Judgments,  how  satisfied  28  4 

Judgments  and  procedure  28  2 

Keep  book  1 29  4 

Make  rules  29  5 

Maximum  fine  28  2 

Protem,  appointed  how  27  1 

Report  fines,  penalties,  etc 29  4 

Salary  21  6 

LEGAL  PROCESS,  how  served  57  5 

LICENSES  

Council  prescribe  form,  etc 8 7 

Liquor  14  17 

Fee  for  . 14  17 

Number  of  14  17 

Revocation  of  15  17 

MEETINGS  OF  COUNCIL  5 4 

MISDEMEANORS,  defined  7 3 

Ordinances  regarding  : 7 3 

MUNICIPAL  COURT,  (See  judge)  

OATH  OF  OFFICE  58  9 

OCCUPATION  TAX  9 8 

OFFICERS  AND  EMPLOYES  19  VI 

Attend  to  duties  23  9 

Bonds  of  officers  22  7 

Compensation,  extra  prohibited  22  6 

Compensation,  may  be  changed  22  6 

Officers,  when  appointed  19  1 

Officers,  who  are  19  1 

Passes  prohibited  23  8 


THE  CHARTER  OF  PUEBLO  67 

Page  Section 

OFFICERS  AND  EMPLOYES— Continued. 

Salaries  . 21  6 

Suspension  or  dismissal  26  9 

Term  of  19  1 

Terms  and  salaries  fixed  by  ordinance  21  6 

Turn  fees  to  city  6 

(See  attorney,  clerk,  controller  and  engineer) 

ORDINANCES  5 5 

Annual  appropriation  ; 31  6 

Annual  tax  levy  31  3 

Ayes  and  nays  .' 5 5 

Enacting  clause  5 5 

Expenditure  of  over  $10,000  5 5 

Fixing  salaries  21  6 

Former  in  force  56  2 

. General,  council  may  pass  15  20 

Improvements  9 9 

Licenses  8 7 

Members  must  vote,  on  passage  5 5 

Occupation  tax  9 8 

Paving  10  11 

President  sign  6 6 

Published  10  days  before  passage  5 5 

Published  once  after  passage  5 6 

Read  three  times  5 5 

Record  6 6 

Regarding  elections  52  27 

Regulate  liquor  traffic  14  17 

Regulate  rates  and  fares  35  3 

Water  and  Park  Districts  13  15 

(See  initiative  and  referendum) 

PARKS  ... 

Appropriations  for  8 5 

Commissioner  17  5 

Council  may  provide  8 5 

Superintendent  8 5 

Under  civil  service  27  12 

PARKS,  LIGHTING  AND  WATER  17  5 

PASSES  PROHIBITED  23  8 

PAVING  10  11 

Bonds,  how  issued  11  11 

Cost  assessed  upon  real  property  and  franchises. .12  11 

Council  may  establish  districts  10  11 

Council  sit  as  board  of  equalization  11  11 

Five  per  cent  petition  may  inaugurate  12  11 


68 


THE  CHARTER  OF  PUEBLO 


PAVING — Continued. 


Page 


Notice  of  assessment,  how  published  

Petitions  for  may  be  filed  

Protest  against  assessment  

Thirty  per  cent  may  protest  - 

PLUMBING  INSPECTION  

POLICE  COURT  

POLICE  DEPARTMENT  

Classification  

Commissioner  of  Public  Safety,  head  

Council  maintain  

Duty  to  arrest  

Eight  hour  shifts  

Former  retained  

Rewards,  from  non-residents  

Vacations  

(See  civil  service) 

POWERS  OF  COUNCIL,  (See  council) 

PRESIDENT  OF  COUNCIL  

Sign  ordinances  

PUBLICATIONS  OF  ORDINANCES  

PUBLIC  SAFETY,  Commissioner  of  

Head  of  police  and  fire  departments  

Powers  and  duties  

PUBLIC  UTILITIES,  (See  franchises) 

PUBLIC  WORKS,  Power  of  council  to  construct. 

QUORUM  OF  COUNCIL  iLU;: 

RECALL  

Affidavit  of  charges  filed  

Clerk  check  names  — „ 

Council  call  election  : : 

Disqualification  of  recalled  officer  

Filing  petition  

Form  of  ballot  

Nominations,  to  succeed  

Officer  may  file  reply  

Percentage  of  voters  required  

Petition  for  

Petition,  How  signed  

Petition,  State  grounds  

Successor  elected  

Time  of  election  

REFERENDUM,  (See  initiative) 

REQUISITIONS,  Made  for  supplies  

REWARDS,  by  non-residents  


.11 

12 

12 

.11 

. 6 
.27 

.27 
16 
. 6 
.28 
. 6 
.26 
.22 
. 6 


4 
6 

5 

16 

16 

16 


.12 
. 5 
.38 
.38, 


.39 

.40 

.38 

.39 

.40 

.38 

.38 

.38 

.38 

.38 

.40 

.39 


.19 

.22 


Section 

11 

11 

11 

11 

2 

1 

12 

2 

1 

3 

1 

10 

6 

1 


2 

6 

6 

2 

2 

2 

12 

4 

XI 

1 

& 

3 
7 
1 

4 
6 
1 
1 
1 
1 
1 

5 
3 

9 

6 


THE  CHARTER  OF  PUEBLO  69 

Page  Section 

RUBBISH,  Council  may  remove  TO  9 (f) 

SALARIES,  How  and  when  fixed  22  6 

When  changed  22  6 

♦SEWERS  AND  SEWER  DISTRICTS  9 9 (d) 

Assessment  for  10  10 

Construction  of  17  5 

Flushing  and  repair  18  6 

SIDEWALKS  „ 9 9 (a) 

SIGNERS  OF  PETITIONS  MAY  WITHDRAW....57  4 

SINGLE  TAX  30  2 

Church  lands  need  not  be  taxed  30  2 (e) 

How  levy  made  30  2 

Lands,  franchises  and  rights  of  way 30  2 (c) 

Liquor  licenses  not  affected  30  2 (d) 

Personal  property  tax  not  exceed  1 mill 30  2 (a) 

Tax  on  improvements  limited  30  2 (b) 

SOLICITING  CONTRIBUTIONS  ... 25  8 

STATEMENTS,  Published  monthly  6 7 

STATUTES  APPLY  57  3 

STREETS  

Assessment  for  10  10 

Highway  commissioner  in  charge  of  17  4 

Powers  of  council  over  8 6 

SUPPLIES,  purchase  of  18  9 

SUSPENSION,  of  officers  and  employes  26  9 

TAX  LEVY,  When  made  30  2 

(See  Finance  and  Taxation  and  Single  Tax) 

TAX,  Occupation  9 8 

TREASURER,  Commissioner  of  Finance  and  Sup- 
plies Ex  Officio  17  3 

Monies  paid  to  17  3 

WATER  AND  WATER  WORKS  . 53  XIV 

Commissioners  and  Trustees,  how  elected 55  8 

Contracts  in  excess  of  $200,  advertised  for 55  9 

Contracts  over  $25,000  by  vote  of  people... 55  9 

Council  may  issue  bonds  to  purchase  53  3 

Council  may  purchase  or  condemn  53  1 

Council  may  submit  proposition  to  purchase 13  15 

Electors  must  vote  on  transfer  to  city  53  2 

Interest  on  bonds  not  to  exceed  4^4% 53  3 

Proceeds  of  bond  sale,  how  disposed  of  53  4 


70 


THE  CHARTER  OF  PUEBLO 

Pueblo  Water  Works  .*. 

Election  of  trustees  

Make  report  to  city  treasurer  

Pay  by  warrant  on  city  treasurer  

Pay  money  to  city  treasurer  

Public  Water  Works  District  No.  2 

Election  of  Commissioners  , 

Terms  of  Commissioners  

WEEDS,  Council  may  cut  

WITHDRAWAL*  FROM  PETITIONS  

WORDS,  CONSTRUCTION  OF  .... 


Page 

54 

54 

55 

55 

55 

54 

54 

.....54 


Section 

7 

7 

7 

7 

7 

5 

6 
6 

9 (g) 
4 
6 


